State of Haryana v. Dinesh Kumar (2008) 3 SCC 222
This explainer uses short, classroom-style sentences. It is fully original and easy to revise before exams.
Quick Summary
The Supreme Court drew a simple line: arrest and custody are not the same. If a person surrenders before a Magistrate and follows the Court’s directions, the person is in judicial custody even if the police never arrested them earlier. Such a person may seek bail under Section 439 CrPC.
On job disclosure forms, a layperson may not clearly know this difference. The Court therefore set aside the High Court’s view and protected the candidates’ appointments. Salary runs from the date of judgment.
Issues
- Does appearance before the Magistrate, release without police arrest, count as “arrest” for disclosure?
- Are “arrest” and “custody” synonymous in criminal procedure?
Rules
- CrPC §46: How arrest is made; indicates restraint of liberty by authority.
- CrPC §439: High Court or Court of Session may grant bail when the person is in custody.
IPC does not define “arrest” or “custody.” The concepts are read from CrPC and case law.
Facts (Timeline)
Recruitment Stage: Candidates for Constable Driver posts answered two queries: (1) Have you been arrested? (2) Have you been convicted?
Disclosure Issue: Two candidates did not clearly disclose if they had been arrested.
Verification: The department found the disclosures inaccurate and denied appointment.
Core Question: They had appeared before a Magistrate with counsel, were released without police arrest. Did that count as “arrest”?
Arguments
Appellant (State)
- Candidates failed to disclose full details.
- Any restraint by authority equals arrest for disclosure purposes.
Respondent (Candidates)
- They were never formally arrested by police.
- They surrendered before court; this is custody, not arrest.
- Forms were answered in good faith by laypersons.
Judgment
The Supreme Court set aside the High Court’s view. It held that surrender before a Magistrate can place a person in custody without a prior arrest by police. Since laypersons often cannot tell these apart, the candidates could not be denied appointment on that ground. They are deemed appointed, with salary from the date of judgment.
Ratio Decidendi
- Arrest requires intent to arrest, authority, restraint of liberty, and the person’s understanding of being arrested.
- Custody for §439 CrPC exists if a person surrenders before court and submits to its directions; police arrest is not mandatory.
- Without being in custody, a person cannot seek bail under §439.
Why It Matters
The case clarifies common confusion for students, lawyers, and HR officers:
- It separates arrest from custody in simple terms.
- It guides how to read disclosure questions in recruitment forms.
- It confirms that judicial custody can arise through surrender, enabling a §439 bail request.
Key Takeaways
- Arrest ≠ Custody.
- Surrender → Judicial custody.
- §439 bail requires custody.
- §46 explains how arrest is made.
- Laypersons may mix up terms.
- Employment disclosure must be read fairly.
Mnemonic + 3-Step Hook
Mnemonic: “SUR-CO-Bail” — SURrender → COstody → Bail under §439.
- Surrender before Magistrate.
- Custody exists without police arrest.
- Bail application maintainable under §439.
IRAC Outline
Issue
Is surrender without police arrest an “arrest”? Are arrest and custody the same?
Rule
CrPC §46, §439; arrest needs authority + restraint; custody can arise by surrender.
Application
Candidates surrendered; no police arrest; they were still in judicial custody.
Conclusion
Arrest ≠ Custody. Appointments protected; salary from judgment date.
Glossary
- Arrest
- Restraint by lawful authority with intent to arrest; person knows they are arrested.
- Custody
- Control of court or police over a person. Can follow surrender before Magistrate.
- Surrender
- Voluntary appearance before court to submit to its authority.
- §439 CrPC
- Power of High Court/Court of Session to grant bail to a person in custody.
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