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Report No. 152

5.7. Judgment of the Supreme Court: Joginder Singh's case.-

The subject of discretion to arrest came up before the Supreme Court of India, in Joginder Singh's case which is of great practical importance for the present purpose.1 In that case, the Supreme Court first noted that the law of arrest is one of balancing individual rights, liberties and privileges on the one hand and individual duties etc. on the other hand. One has to balance protection for the individual, against the social need that crime shall be suppressed.

After elaborating on. this point, and after noticing the views expressed by the National Police Commission in its Third Report (pages 31 and 32) and by the Royal Commission on Criminal Procedure, the Supreme Court of India took care to suggest certain guidelines regarding arrest by the police. The court also referred to the following suggestion of the Royal Commission on Criminal Procedure:

"To help to reduce the use of arrest we would also propose the introduction here of a scheme that is used in Ontario enabling a police officer to issue what is called an appearance notice. That procedure can be used to obtain attendance at the police station without resorting to arrest provided a power to arrest exists, for example to be fingerprinted or to participate in an identification parade. It could also be extended to attendance for interview at a time convenient to both to the suspect and to the police officer investigating the case

The Supreme court also referred to section 56(1) of the Police and Criminal Evidence Act, 1984 (U.K.) which reads as under:-

"Where a person has been arrested and is being held in custody in a police station or other premises, he shall be entitled, if he so requests, to have one friend or relative or other person who is' known to him or who is likely to take an interest in his welfare told, as soon as is practicable except to the extent that delay is permitted by this section, that he has been arrested and is being detained there."

1. Joginder Kumar v. State of Uttar Pradesh, JT (1994) 3 SC 423.



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