Vol. 3, Issue 1 (2017)
“Power of arrest is under arrest”: A critical analysis in light of code of criminal procedure, 1973
Author(s): A Nirmal Singh Heera, N Prabhavathi
Abstract: Arrest brigs humiliation – Arrest curtails the freedom of individual - Arrest involves restriction of personal liberty of a person arrested and as such violates the basic human rights of liberty - Though the Constitution of India as well as international covenants recoginse the power of the state to arrest any person as a part of its major role in maintaining the law and order problem, the Constitution of India mandates that “No person shall be deprived of his life or personal liberty except according to procedure established by law.” Article 22 (1) provides that “no person who is arrested shall be detained in custody without being informed, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice” - Further, Article 22 (2) also mandates that “every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate” - According to the national Human Rights Commission, these provisions are not strictly adhered to - Therefore, in this paper the authors are going to analyse under what circumstances the arrest can be made and what are the legal provisions and guidelines, available for making arrest and what the remedies are available for non-compliance of the procedure for arrest.
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