CONCEPT OF ARREST IN INDIA

ARREST

An arrest occurs when a person is apprehended and taken into custody (legal protection or control), usually because they are suspected of or seen committing a crime. The person can be interrogated and/or charged after being taken into custody. In the criminal justice system, an arrest is a procedure.

INTRODUCTION

The term “arrest” is not defined in the code. The term “arrest” refers to the detention of a person by a legal authority in order to deprive them of their liberty. 

A seizure or forced restraint; an exercise of the power to deprive a person of his or her liberty; the taking or keeping of a person in custody by legal authority, especially in response to a criminal charge, according to the Farlex Legal Dictionary.’

DEFINITION

The Supreme Court defined Arrest in R.R. Chari v. State of Uttar Pradesh as “the act of being brought into custody to be formally charged with a crime.” The court stated that it means the seizure of a person in a constitutional sense (body of a person). 

The court stated in State of Punjab v. Ajaib Singh that an arrest is a physical constraint placed on an abducted person in the process of recovering and bringing that person into lawful custody, whether or not there is any allegation or charge of any actual or suspected commission of the criminal.

TYPES OF ARREST

  • Arrest made in pursuance of a warrant issued by a magistrate
  • Arrest made without such a warrant

WHEN POLICE MAY ARREST WITHOUT A WARRANT?

Section 41 is the main section providing for situations when Police may arrest without warrant.

AVAILABLE RIGHTS

There are two types of rights available to the arrested:

  • Rights at the time of arrest
  • Rights at the time of trial

WHAT IF PROCEDURE IS NOT FOLLOWED?

Non-compliance with the provisions stipulated in the CrPC and other enactments will not render the trial null and invalid. It would have no bearing on the accused’s responsibility. However, if the accused resists arrest or flees from legal custody, it will constitute a material fact. However, in the event of an unlawful arrest or detention, a person has the right to defend himself. He can enforce his rights under Sections 96 to 106 of the Indian Penal Code. The person who is accountable for unlawful arrest and can be found guilty of wrongful detention and claim damages in a civil suit.

CONCLUSION

Every person in the country has the same set of rights. Even someone who has been charged with a crime has some rights, some of which are fundamental in nature. In the event that these laws are not followed, the accused may seek redress in court. The police, on the other hand, are compelled to follow the method outlined in Chapter V of the Code of Criminal Procedure (CrPC).

REFERENCES

  1. https://www.mondaq.com/india/crime/893728/law-rights-before-arrest-after-arrest-in-india
  2. https://lawcommissionofindia.nic.in/reports/177rptp2.pdf
  3. https://www.legalserviceindia.com/legal/article-1747-arrest-and-rights-of-arrested-person.html
  4. https://blog.ipleaders.in/arrest-of-a-person/

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

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In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.


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