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CASE COMMENT CRPC

1) Sakiri Vasu v. State of U.P. dealt with arbitrary arrests made by police in Uttar Pradesh without following due process. 2) The petitioner argued these arrests violated fundamental rights, and the Supreme Court found instances where police made arrests without grounds or evidence. 3) The Court laid down guidelines for police to protect rights of arrested individuals, such as informing them of arrest grounds and allowing access to legal representation.

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Ankit Pandey
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37 views

CASE COMMENT CRPC

1) Sakiri Vasu v. State of U.P. dealt with arbitrary arrests made by police in Uttar Pradesh without following due process. 2) The petitioner argued these arrests violated fundamental rights, and the Supreme Court found instances where police made arrests without grounds or evidence. 3) The Court laid down guidelines for police to protect rights of arrested individuals, such as informing them of arrest grounds and allowing access to legal representation.

Uploaded by

Ankit Pandey
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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CASE COMMENT

Sakiri Vasu v. State of U.P. [(2008) 2 SCC 409]

BACKGROUND:
Sakiri Vasu v. State of U.P. (2008) is a significant case in the Indian legal
system that dealt with the issue of arbitrary arrests made by the police without
following the due process of law. The case originated from a Public Interest
Litigation (PIL) filed by Sakiri Vasu, a human rights activist, in the Supreme
Court of India.
The petitioner contended that the police in the state of Uttar Pradesh were
making arbitrary arrests without following the guidelines laid down in the Code
of Criminal Procedure (CrPC). The petitioner argued that the police were
misusing their powers to arrest individuals without sufficient grounds or
evidence, which violated their fundamental rights.
The Supreme Court examined the petitioner's arguments and observed that there
were instances of arbitrary arrests made by the police in Uttar Pradesh. The
Court directed the state governments to issue appropriate guidelines to the
police regarding the exercise of their powers to arrest individuals.

ANALYSIS:

In this instance, the issue of police arbitrary detentions without due process was
addressed. The case has been analysed on several grounds, including:
Protection of fundamental rights: The judgment emphasizes the importance of
protecting the fundamental rights of individuals and sets out guidelines for the
police to follow while making arrests. The Court's directions ensure that
individuals who are arrested have adequate safeguards to protect their rights.
In this case, the petitioner, Sakiri Vasu, argued that the police were misusing
their powers to arrest individuals without sufficient grounds or evidence, which
violated their fundamental rights. The Supreme Court examined the facts of the
case and found that there were instances of arbitrary arrests made by the police
in the state of Uttar Pradesh without following the guidelines laid
down in the CrPC.

1. Protection of fundamental rights: The judgment emphasizes the


importance of protecting the fundamental rights of individuals and sets
out guidelines for the police to follow while making arrests. The Court's
directions ensure that individuals who are arrested have adequate
safeguards to protect their rights.

2. Role of the police: The judgment emphasizes that the police have a
crucial role to play in upholding the rule of law and protecting the
fundamental rights of individuals. The guidelines laid down in this case
ensure that the police exercise their powers judiciously and do not misuse
them for intimidation or harassment.

3. Importance of due process: The judgment emphasizes the importance of


due process and sets out guidelines for the police to follow while making
arrests. The Court's directions ensure that arrests are made only when
there is sufficient evidence or reasonable suspicion of the commission of
an offense, and the arrested person is informed of the grounds of arrest
and their right to legal representation.

4. Impact on the criminal justice system: The judgment has had a significant
impact on the development of the criminal justice system in India. It has
set a precedent for future cases involving police powers and arrests and
has reinforced the importance of upholding the rule of law and protecting
the fundamental rights of individuals.

The Court applied the relevant provisions of the CrPC and directed the state
governments to issue appropriate guidelines to the police regarding the exercise
of their powers to arrest individuals. The guidelines included the requirement
for the police to inform the arrested person of the grounds of arrest, the right to
legal representation, and the right to be produced before a magistrate within 24
hours. The Court further emphasized that the power to arrest should be
exercised only when it is necessary and justified, and not as a tool for
harassment or intimidation.
JUDGEMENT:

The Court laid down guidelines to protect the rights of individuals who are
arrested, and to ensure that the police do not misuse their powers.
The key highlights of the judgment are as follows:

 The Court held that the right to life and personal liberty under Article 21
of the Indian Constitution cannot be taken away except in accordance
with the procedure established by law.

 The Court emphasized the importance of following due process of law


and held that the police must have sufficient evidence or reasonable
suspicion of the commission of an offense before making an arrest.

 The Court laid down guidelines to ensure that individuals who are
arrested have adequate safeguards to protect their rights. These guidelines
include informing the arrested person of the grounds of arrest, allowing
them to inform a friend or relative of their arrest, and ensuring that they
have access to legal representation.

 The Court also held that the police must make a memo of the arrest and
inform the magistrate about the arrest within 24 hours.

 The Court further held that the arrested person has the right to meet their
lawyer during interrogation, and that the police must record the statement
of the arrested person before a magistrate.

I do agree with the judgement and as we see it as landmark decision that


reinforces the importance of protecting fundamental rights and upholding the
rule of law in India.
Overall, the judgment in Sakiri Vasu v. State of U.P. (2008) reinforces the
importance of protecting fundamental rights and upholding the rule of law in
India. The guidelines laid down by the Court have had a significant impact on
the development of the criminal justice system in India and ensure that the
police exercise their powers judiciously and do not misuse them for
intimidation or harassment.

CONCLUSION:
In conclusion, the case of Sakiri Vasu v. State of U.P. (2008) is a landmark
judgment in the Indian legal system that laid down important guidelines to
protect the rights of individuals who are arrested by the police. The judgment
emphasized the importance of following due process of law and ensuring that
the police do not misuse their powers.

The guidelines laid down by the Supreme Court in this case have had a
significant impact on the development of the criminal justice system in India
and serve as a reminder of the importance of protecting fundamental rights and
upholding the rule of law in a democratic society. The case has been extensively
researched and analysed by legal scholars and practitioners, and its impact
continues to be felt in subsequent cases and in the ongoing efforts to reform the
criminal justice system in India.

NAME: ANKIT PANDEY,


ANAND KIRTI
PRN: 21010421199, 21010421244
DIVISION: B

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