Joginder Kumar Guidelines: Related to arrest of a person
SC held that
- Arrests should not be done in every case, disclosing a cognizable offence.
- An arrest cannot be made merely because it is lawful for a Police officer to do so.
- An arrest cannot be made on a routine manner on a mere allegation of an offence
- Arrest should be made only when the complaint would be found genuine after some investigation & research
The Court also laid down the following guidelines
- An arrested person being in custody is entitled if he so requests to have a friend, relative or another person, who is known to him or likely to take an interest in his welfare told as far as in practicable that he has been arrested & where he is being detained
- Police officer shall inform the arrested person when he is brought to police station about his right
- An entry shall be required to made in the diary as to who was informed of the arrest
It shall be the duty of magistrate, before whom the arrested person is introduced, to satisfy himself these requirements have been compiled with
What is a Cognizable offence.
- Under it, Officer can take cognizance of and arrest a suspect without seeking a court’s warrant to do so, if she has “reason to believe” that the person has committed the offence and is satisfied that the arrest is necessary on certain enumerated bases.
- Within 24 hours of the arrest, the officer must have detention ratified by a judicial magistrate.
