Section 25, Indian Evidence Act, 1872 Section 319 of the Indian Penal Code, 1860 defines hurt as causing bodily pain, disease or infirmity to any person. V. Basis of Arrest Joginder Kumar V State of U.P and Others 1994 SCC 260 A. Background Joginder Kumar, a lawyer aged 28 was called to the office of the Senior Superintendent of Police [SSP], Ghaziabad in connection with some inquiries. He was accompanied by friends and his brother, who were told by the police that he would be released in the evening. Next day, too, ho he was not released as the police wanted his help in making further inquiries. When his family went to the police station on the third day, they found that he had been taken to an undisclosed location. In effect, Joginder Kumar was illegally detained over a period of five days. His family filed a habeas corpus writ petition with the Supreme Court to find out his whereabouts. The Court issued notices to the State of Uttar Pradesh and to the SSP to immediately produce Joginder Kumar and answer why he was detained for five days without a valid reason; why his detention was not recorded by the police in its diary; and why he was not produced before a magistrate. B. Observations by the Supreme Court The Court said that the law of arrest is one of balancing individual rights, liberties and privileges on the one hand and individual duties, obligations and responsibilities on the other; of weighing and balancing the rights, liberties of the single individual and those of individuals collectively. They pointed out that the Third Report of the National Police Commission identifies wrongful use of arrest powers as one of the chief sources of corruption in the police and that nearly 60% arrests made by police officers are unnecessary and unjustified. Strongly opposing the practice of carrying out indiscriminate arrests, the Supreme Court said that an arrest cannot be made simply because it is lawful for a police officer to do so. The existence of the power to arrest is one thing…the justification for the exercise of it is quite another….the police officer must be able to justify the arrest. 72 Manual on Human Rights for Police Officers