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Category: Process To Compel Appearance & Production Of Things

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Process To Compel Appearance & Production Of Things

DK Basu v. State Of West Bengal AIR 1997 SC 610

ISSUE:

Who can be held responsible for these killings and tortures?
Need to specify guidelines and follow them while making the arrest of a person.

RULE:

The Court was of the opinion that custodial violence, including torture and death in lock-ups, strikes at the rule of law. Custodial violence, including torture and death in prisons, was considered by the court to be one of the worst crimes in a civilized society governed by the rule of law.
Protection against arrest and detention is guaranteed by Article 22. It provides that no individuals arrested shall be detained in custody without being informed of the grounds of arrest and that arrested individuals shall not be denied the right to consult and defend themselves by a legal practitioner of their choice.

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Process To Compel Appearance & Production Of Things

Joginder Kumar v. State Of Uttar Pradesh [(1994) 4 SCC 260]

ISSUE:

Whether the arrest of Joginder Kumar amounts to illegal detention?

RULE:

The case sets standard grounds for arresting any person thus being known as the ‘guidelines for arrest case’. It dealt with ‘Rights of individuals v. Protection of society’ due to the increment of crime rates and indiscriminate arrests over the years, therefore, the Hon’ble Supreme Court decided on creating equilibrium between the two.

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Process To Compel Appearance & Production Of Things

State of Maharashtra v. Christian Community Welfare Council of India and Ors (AIR (2004) SC 7)

ISSUE:

Whether a woman can be arrested without the presence of a lady constable?
Whether a woman can be arrested after sunset and before sunrise under any circumstances?

RULE:

All efforts should be made to keep a lady constable present but in circumstances where the arresting officers is reasonably satisfied that such presence of a lady constable is not available or possible and/or the delay in arresting caused by securing the presence of a lady constable would impede the course of investigation such arresting officer for reasons to be recorded either before the arrest or immediately after the arrest be permitted to arrest a female person for lawful reasons at any time of the day or night depending on the circumstances of the case even that without the presence of a lady constable.

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Process To Compel Appearance & Production Of Things

Radha Kishan v. State of UP (AIR (19635) SC 822)

ISSUE:

Whether the allegedly obscene and defamatory portion of the book was an aberration of such magnitude that it could “potentiality disturb the public order, decency or morality,” thus inviting imposition of reasonable restrictions under Article 19(2) of the Constitution?

RULE:

The culture of banning books directly impacts the free flow of ideas and any direct or veiled censorship or ban of a book, unless defamatory or derogatory to any community for abject obscenity, would create unrest and disquiet among the intelligentsia.

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Process To Compel Appearance & Production Of Things

Shyam Lal Sharma and Ors v. State of Madhya Pradesh (AIR (1972 SC 886)

ISSUE:

Whether the omission to record the reasons was only an irregularity and that the respondents had no right to prevent the officer from making the search because as that contention had not been raised till then it felt that there was no justification to allow it to be raised before it for the first time?

RULE:

Section 342, Cr. P.C. is not confined to offences against public servants but is a general Section and makes a person who wrongfully restrains another, guilty of the offence under that Section. A wrongful confinement is a wrongful restraint in such a manner as to prevent that person from proceeding beyond a certain circumscribed limit. This offence has nothing to do with the investigation or search and, therefore, the argument that the accused were entitled to obstruct P.W. 1 because he did not conform to the provisions of Section 165, Cr. P.C. is an argument of desperation.

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Process To Compel Appearance & Production Of Things

Manish Dixit and Ors v. State of Rajasthan (AIR (2001) SC 93)

ISSUE:

Whether a non-joining independent witness, despite the efforts of the Investigating Officer, renders the search invalid?
Whether information to the senior officer of the in-charge of the concerned police station is in compliance with the requirement of Section 166(3) of Cr.P.C.

RULE:

When an independent witness is not joined during search of a place, the search does not become invalid if the searching officer does not inform the in-charge of the police station.

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