Joginder Kumar v. State of U.P. (1994)

This case sets clear limits on police arrest powers. The Supreme Court said: power to arrest and reason to arrest are different. Police must justify arrest. Routine arrest for every complaint is not allowed. The arrested person has a right to inform a friend or relative, and the police must record this and tell the Magistrate. These safeguards arise from Articles 21 and 22(1).

1. Do we need arrest guidelines to protect liberty and dignity?
2. What duties do police and Magistrates have when a person is arrested?

• Article 21: No deprivation of life or personal liberty except by fair, just, and reasonable procedure.
• Article 22(1): Right to be informed of grounds of arrest; right to consult and be defended.
• Arrest must be necessary and justified; notice to appear is preferred where suitable, especially for non-heinous offences.
• Inform-one-person rule: the arrested person may have a friend/relative informed; entry must be made in the station diary; Magistrate must verify compliance.

The Supreme Court laid down arrest guidelines. It stressed that arrest must be backed by clear necessity and reasons. Routine arrest on mere allegation is not permitted. Except in heinous cases or where arrest is truly required, police should prefer issuing a notice to appear.

The Court recognised the right of an arrested person to have one friend/relative informed. Police must inform the person of this right, and must record in the diary who was informed. The Magistrate must check compliance when the person is produced. These directions apply until law provides otherwise.

Existence of legal power to arrest does not by itself justify arrest. Justification must be shown in each case. Dignity and liberty require minimal and necessary interference. The “inform-one-person” rule and diary entry are mandatory safeguards flowing from Articles 21 and 22(1), to be verified judicially.

• Protects citizens from unnecessary custody and humiliation.
• Makes police accountable through reasons, records, and judicial checks.
• Shapes modern arrest practice under CrPC and informs BNSS-era procedures.

• Arrest ≠ automatic. Police must show necessity.
• Use notice to appear for non-heinous offences where suitable.
• Inform a friend/relative; make a diary entry.
• Magistrate must verify compliance on first production.

Mnemonic: “J-O-G: Justify-Or-Go (to Notice)”

1. Justify the arrest with real reasons.
2. One call to friend/relative + diary entry.
3. Go to Magistrate—and show compliance.

Issue: Are arrest guidelines needed to balance investigation with liberty?

Rule: Articles 21 & 22(1); arrest requires necessity; inform-one-person rule; record and verify.

Application: In the case, “assistance” cannot bypass safeguards. Without reasons and records, detention risks becoming illegal.

Conclusion: Yes—guidelines are essential; they bind until formal legal provisions cover the field.

Notice to Appear

A written direction to come to the police station or court without arrest.

Diary Entry

Official record showing who was informed and when.

Heinous Offence

Serious crime where arrest is often necessary for public safety or evidence.

• D. K. Basu v. State of West Bengal — custodial safeguards
• Arnesh Kumar v. State of Bihar — no automatic arrest for minor offences
• Maneka Gandhi v. Union of India — fair, just, and reasonable procedure