Introduction

Evolution of Guidelines on Arrest: A Journey Through Supreme Court of India's Landmark Judgments

The Supreme Court of India has played a pivotal role in shaping the country's criminal justice system, particularly with regard to guidelines on arrest. In this post, we will delve into the history of these guidelines, tracing their evolution through landmark judgments.

1. D.K. Basu vs. State of West Bengal (1997): This seminal judgment marked the beginning of a new era in the protection of human rights. The Supreme Court laid down 11 guidelines to prevent custodial violence and ensure that arrests are made in a fair and reasonable manner.

2. Joginder Kumar vs. State of U.P. (1994): In this case, the Supreme Court emphasized the importance of informing the accused of the grounds of arrest and the right to bail.

3. Arnesh Kumar vs. State of Bihar (2014): The Supreme Court reiterated the guidelines laid down in D.K. Basu and emphasized the need for caution while arresting individuals, particularly in cases where the offence is punishable with imprisonment for less than seven years.

4. Dikshit vs. State of U.P. (2023): In its recent judgment, the Supreme Court has further refined the guidelines on arrest, emphasizing the need for a case-specific approach and the importance of recording reasons for arrest.

These landmark judgments demonstrate the Supreme Court's commitment to protecting human rights and ensuring that the criminal justice system is fair, reasonable, and just.

As legal professionals, it is essential to stay updated on the latest developments in the law and to ensure that our clients are aware of their rights and entitlements.