A CRITICAL STUDY ON THE RIGHTS OF AN ARRESTED AND ACCUSED PERSON by-Tania Sharma
As, we are living in the democratic country like India, in which under Article 21 we have freedom of personal liberty i.e. a person can live with dignity. No one shall be deprived from his/her liberty and life until it is comes under the exception that is procedure established by law. Which means person cannot be get arrested without any sufficient ground or without any reasonable reason. If any person is arrested by any authority without any sufficient ground that arrest or physical detention will be considered as illegal arrest or arbitrary arrest. This kind of arrest is against the rule of law. We might have seen many unlawful arrest that how the police officers use their uncontrollable powers on the time of making arrest. This research paper will help you to be well aware about the proper procedure of an arrest and how the arrest is made. With the help of research paper we will also be discussing about the arbitrary arrest and what are the consequences after that arrest. After reading this research paper readers will be well versed with the rights of an arrested person. This research paper will focus on the procedure of arresting the various people like Judges, Women, Children, MP/MLAs, Doctors etc. the different approach or procedure is followed by the statues and there related provisions also.
KEYWORDS – Arrest, Arbitrary Arrest, Detention, Procedure, Judges, Doctors, Unlawful arrest.
In India, people are enjoying eminent rights like right to equality, right to personal liberty and so on. In criminal law the term arrest is defined like “Arrest” means when a person is in custody of public or authorized body because of the crime that is done by a person who is in custody. As per the Criminal Procedure Code 1973, the powers of arrest and detention are mainly lies into the hands of the police officers. Sometimes it is also a responsibility of a private person also to arrest a person who has done any crime which is in a serious nature.1
This is also correct that judiciary plays the main role and works as the protector of our rights. In various judgments Supreme Court has enshrined fundamental rights of people in a beautiful manner. Through various judgments Supreme Court has given opinion on the amendment in the procedure of arrest.
In the opinion of arbitrary arrest, Supreme Court had already laid down many important guidelines in which SC had restricted the area of police officer so that they would not infringe the rights of an arrested person. There are different procedures which are taken into consideration on the time of arrest of persons who has privileges under Constitution like Judges, Women, Children, Doctors, Members of Parliament.
1.1 Statement of Problem
This research paper is mainly focusing on the problem of abusive procedure of arrest by the police officers in the form of arbitrary arrest and wrongful detention. The problems related to the lack of awareness in the society about the rights of the arrested person on the time of arrest. The problems related to the implementation of the laws related to the arrest and the procedure. The problems related to the different procedures were followed for different people like women, children, and members of Parliament, Judges, and Doctors etc. The main problem is that now a day’s people start feel threatened from the police officers. Police officers don’t know how to deal with the public. They are now aware that how they should make them feel protected instead of threatening.
1Available at http://lawtimesjournal.in/arrested-persons-rights-under-crpc/ (visited on March 29, 2021).
1.2 Research Objectives
This research paper has some research objectives which are as follows –
• To analyze the provision related to arrest in Criminal procedure Code,1973.
• To analyse the status of Rights of an arrested person.
• To know the process of arrest and how the arrest is made by the private individual also.
• To analyze the concept of arbitrary arrest.
• To suggest the idea for the problems related to arbitrary arrest and wrongful detention.
1.3 Research Methodology
In this research paper, I have used both Doctrinal and Non-Doctrinal research methods.
For Doctrinal Research, I have read many law Journals, different bare acts for clarity of provisions, case laws, and books related to arrest and detention. This type of method is used to grab the knowledge regarding the topic by reading various articles, books, magazines etc. which will help you to be more understandable for the clarity of concepts and their related provisions also.
For Non-Doctrinal research I have made a questionnaire for collecting various interested thoughts and opinions of public about the arrest and its procedure.
2. MEANING OF ARREST
In a legal fashion the term “Arrest” means when a person is in custody of public or authorized body because of the crime that is done by a person who is in custody. The term “Arrest” is not defined in any statue. An arrested person is physically detained by public or authorized body so that physically detained person should not do the crime for which he/she is arrested.
As this term arrest is very much familiar with everyone. In our daily life we use to hear this word most of the times through television, newspaper, magazines and from many other sources. This term is not exactly defined anywhere but from the various Supreme Court Judgments we can grab the meaning of an Arrest is that when a suspected person is physically detained by the police or any other authorized body.
3. PURPOSE BEHIND ARREST2
After reading the meaning of arrest the first question that commonly arose in mind of reader is that why there is need to arrest a person. Basically what is the purpose behind an arrest, so we can say that arrest is important to fulfill the requirements of the statue (CrPC)
• The main purpose of arresting a person is to maintain all the requirements of law and for public safety.
• First and the foremost thing as per the criminal procedure code, a person is get arrested for compulsory attendance of physically detained person or accused when trial is about to start. When a person is get arrested then it is compulsory to produce that person into the court and when the trial start on that time attendance of an accused or arrested person is necessary as per the procedure that is established by the criminal procedure code.
• Secondly, person can also be get arrested when the crime is about to happen. We can say that for the safety purpose, also if any suspect arises that he/she will be committing any crime then in that case any public or authorized body can arrest that person.
• Thirdly, the need of arrest can also arise when some person is refusing to give their name and address or other details when asked by police authority.
• Fourthly, whosoever purposely obstructing the way of public authority. Authorized body can also arrest escaped and convict person. A person who is escaped from legal custody can also be get arrested by authorized body.
4. CLASSIFICATION OF ARREST
As we have studied that the term Arrest is not defined anywhere in the statues. Now the question arose that if this term arrest is not defined anywhere then how a person get to know about the other aspects of Arrest. So, there are some provisions in which it is clearly specified that how an arrest is made in CrPC. Section 46 deals with this concept –
Section 46 classifies Arrest into two ways–
a. Arrest with a warrant
b. Arrest without a warrant
Arrest can be made by private individual also, this kind of arrest is known as private arrest but this kind of arrest is applicable on in the case of non-Bailable offences. Arrest can also be made on the refusal of name and residence.
4.1 Arrest with a warrant
In this kind of arrest warrant is necessary for arresting a person. This arrest came into work when a person has committed a non- arrestable crime. Warrant is a legal document which is issued to arrest a person. In arrest with a warrant, warrant is issued by a Magistrate or by Judge. Magistrate can issue a warrant in both cognizable as well as in non- cognizable case. Magistrate has power to issue warrant in summon case also if there is chance that after receiving summon that person can abscond.
4.2 Arrest without a warrant
Under Section 44 of criminal procedure code, 1973 Magistrate can arrest a person without a warrant when any offence is committed in the presence of a Magistrate, whether Executive or judicial, within his local Jurisdiction. Under Section 41 a police officer can made arrest without a warrant. Under section 41(1) some conditions are specified in which police officer made arrest without any warrant.
4.3 Arrest can be made on refusal of name and residence
Under Section 42 of criminal procedure code, 1973 arrest can also be made when a person deny to give name and residence information. This basically means that when a person has done any non- cognizable offence and after committing that offence refuses to give their name and residence address.5 In case arrested person gave accurate name and residence to the police, then police can release that person after executing a bond or a security bond. In case arrested person fails to give name and residence address to the police then he has to be presented in front of the magistrate of the local jurisdiction.
4.4 Arrest by privateperson
Under Section 43 of criminal procedure code, 1973 it is specifically explained that if arrest can also be made by private person. Any private person may arrest of any person who is in his presence committing a non-Bailable and cognizable offence and without any unnecessary delay he/she has to handover that person to a police officer. In case, police officer is absent then he/she shall handover that person to the nearest police station.6
5. PROCESS OFARREST
Under Section 46 of criminal procedure code procedure of making arrest is described. As this procedure is not explained in any other statue but we can take an idea after reading this particular section.
• Police officer is authorized to detain a person physically for making an arrest. But in case of arresting women, a lady police officer is necessary for making an arrest ofwomen.
• Under section 46(2) police officer is authorized to apply force or other means when arrested person using force to resist himself from arrest. In this we can take an example ofrecent7
Hyderabad rape case in 2019 – In this case arrested persons were about to escape from the custody of police officers. On that time police officer used force to prevent that escape, with the result of the prevention police officer fire on accused to prevent accused from escape. Because of the fire arrested accused result died. Now the question arose whether the amount of force applied by police was reasonable or not. This will be decided by the court that the force which was used by police officer was that reasonable or not.
• Under section 46(3) no one has right to cause death of any person who is not an accused in anyoffence.
• In the procedure of arrest under section 46(4), women cannot be getting arrested after sunset and before sunrise. In some exceptional cases women can be arrested by lady police officer by taking written permission of Judicial Magistrate within the local limit of jurisdiction.
6. EXTENT ON THE POWER OFARREST
In general sense, if we talk about power of arrest we have seen many incidents from where everyone usually makes a guess that police have wide power of arresting a person. Now, the question that arose after knowing the wide power of arrest into the hands of police authority that is there any kind of limitation that is imposed on the power of arrest. If yes then in what circumstances limitation can be imposed on power of arrest.
As we read that under Section 41, 42 and 151 of criminal Procedure Code wide power is given under these sections to police the power of arrest. We have also well aware about some incidents where police officers are misusing there powers. Magistrate will keep on check on the police officers that all the requirements of the arrest should fulfill on the time of arrest.
As to keep on check on the powers of arrest a new Section 436 A is added in Criminal Procedure Code. Under this Section “Maximum period for which an under trial prisoner can be detained” is given. As we have seen that police has wide power of arrest but under some section like section 310 of the Criminal Procedure Code, it is mentions that any Judges or Magistrate at any time may inquire at any stage concerned at the offence committed.8
So, from that we can easily get to know about that under Criminal Procedure Code Judges/ Magistrate has to power to keep a check on whole inquiry so that there will be no abuse of power by the police officers.
7. OPINION OF THE JUDICIARY ON ARBITRARY ARREST
Arbitrary arrest is illegal detention by the police. The basis of democracy is liberty; it is a freedom to live with dignity in the society. The dignity of individual is considered to be the highest value in determining the democracy of any country. So, therefore any arrest made by the police should be confirmed the law of landfirst.
It must be under the due procedure of the law; the arrest should be made only with the warrant mostly. It should be under the order of magistrate. In case if the police arrest a person he must be informed of his charges that why he is being detained and what are the charges against him. He must be produced before the magistrate within 24 hours. Anything which is not confirming these things that are mentioned that would lead to be an arbitrary arrest. This will be considered as murder of democracy or murder of freedom to live with dignity.
We have been witnessing quite from long time right from the independence though we have a democracy but still illegal detentions have been common or arbitrary arrest have been common. So, under the pressure the police adopt to illegal means they detain and arrest the person because of the political pressure or because of the corrupt practices. Sometimes police themselves become the law, they become the courts. They illegally step in to the shoes of the courts they detain illegally. In fact the police station becomes the court many times that is criminal. Such things have to be seen as a criminal act and the act against the Constitution. So, any detention which is illegal when a person isbeing illegally detained will amount to violation of Article 21, Article 22(1) and(2).
Rudal Shah vs. State of Bihar9– In this case we have witnessed that after the court acquitted Rudal shah from all the charges. Still police officers had detained Rudal shah for 14 years in prison after the court acquitted him. Then he approached court and filed a writ of Habeas corpus under Article 32 of the Indian Constitution for his unlawful detention. Court also decided that the detention that was made for 14 years was unlawful or arbitrary arrest.
8. WHY THE RIGHTS OF ARRESTED / ACCUSED PERSON ARE IMPORTANT
In our criminal legal system, everyone is presumed innocent until proven guilty. This is the first and most important thing that one should know before knowing the rights of the arrested/ accusedperson.
“Innocent Until Proven Guilty”
As, we have democracy and under Article 21 we have right freedom of personal liberty i.e. a person can live with dignity. No one shall be deprived from his liberty and life until it is comes under the exception that is procedure established by law. Which means person cannot be get arrested without any sufficient ground or without any reasonable reason. If any person is arrested by any authority without any sufficient ground that arrest or physical detention will be considered as illegal arrest or arbitrary arrest.10this kind of arrest is against the rule oflaw.
Hence, there are many rights that are given to the accused or an arrested person. Concept of fair trial in criminal jurisprudence gives clarity that everyone has right of fair trial. For fulfilling the right of fair trial in this embeds many other relevant rights came under the preview of rights of an accused.
Kishore Singh Ravinder Dev vs. State of Rajasthan11– In this leading case court said that a person has all right to get fair and impartial trial. In Indian Constitution and in various procedural laws all relevant provisions are elaborated which provide the exact footprints towards the fair trial. This protects the rights of an accused person or an arrested person.
Maneka Gandhi vs. Union of India12 – in this leading case court gave interpretation that it doesn’t matter that which procedure is being followed by state, the only thing which matters the most is that the trial should be fair and impartial in nature. The prior thing which is taking into consideration is that just, fair and impartial way should be carried out.
9. AVAILABLE RIGHTS OF ARRESTED / ACCUSEDPERSON
There are important rights that are given to the arrested or accused person that are enlisted below-
1. Rights at the time ofarrest
2. Rights at the time oftrial
There are further other rights which comes under these eights which are mentioned below in a elaborated manner –
Rights at the time of arrest
Rights at the time of trial
Right to remain Silent
Right to know the Grounds of Arrest Right to be released on bail
Right to get to magistrate within time
Right to a fair trial Right to a speedy trial Right of free legal Aid
Right to consult a law practitioner
Right to be examined by a medical practitioner
Let us discuss these rights one by one with the help of recent Judgments
9.1 Rights at the time of arrest – At the time of arrest person have certain rights, these rights are very important and everyone should know about theserights.
VOLUME 1 | ISSUE 4 JUNE 2021 ISSN: 2582-7340
9.1.1 Right to remain silent
As this right “Right to remain silent” is not particularly mentioned in any statue but we can get an idea from Constitution and Indian Evidence Act. That no can be compelled to speak
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When he/she chooses to be silent in a particular situation when a person chooses to be silent in some situation it doesn’t mean that the person is guilty of particular crime because he/she is not speaking anything
In Nandini Sathpathy vs. P.L Dani13– in this leading case this thing is elaborate in detail that “A person has right to remain silent and no one can compel that person to speak for a particular statement that is totally up to the person whether he want to speak or go for the right to remain silent”.
9.1.2 Right to know the grounds of arrest
Another important right that an arrested person has is right to know the grounds of arrest that why the arrest is going to be made what are the grounds related to the arrest.
• Under section 50 (1) of Criminal Procedure Code is dealing with the same that accused person has right to asked the grounds on which he is going to be get arrested.
• Similarly under Section 55 of Criminal Procedure Code, it is the right of the accused person to know that on what grounds the arrest is going to be made with this also he has right to know the written order against him/her , specified offence and other things which is necessary. If police officer fails to provide all these things then in that case this arrest will be considered as an illegal arrest.14
These all the rules which we have discussed were upheld in the case of D.K. Basu vs. State of West Bengal and Joginder Singh vs. State of UP15. – In these leading cases it is established that now it is mandatory to record the each and every entry in the register of police. Magistrate can make a check on that register.
9.1.3 Right to be released on bail
Another right which comes to the knowledge is that right to be released on the bail. In case a person who is arrested without a warrant and that a person is accused of Bailable offence, the
authorized police officer has to inform about the available right of the accused person that he can be released on bail by paying certain amount as a surety.
9.1.4 Right to get to Magistrate within time
Another right of arrested or accused person is that he should be produced before the Magistrate without any delay. This is the duty of the authorized police officer to produce the arrested person before the Magistrate within the specific time or without any delay with the competent jurisdiction.
Section 56 of Criminal Procedure Code16, under this section authorized police officer has to produce the arrested person before the Magistrate with the competent jurisdiction without any delay. As the arrest are of two types with warrant or without warrant, if a person is arrested without warrant in that case also the authorized police officer has to produce the arrested person before the Magistrate or office in charge of police without any delay.
Section 76 of Criminal Procedure Code17, In this section also it is specifically written that the arrested person shall be produced before the Magistrate without any delay and it is also mentioned in this that the time period of 24 hours is being calculated after excluding the time period for necessary journey. If the police officer still not able to produce the arrested person within time then in that case the authorized police officer will be liable of making wrongful detention.
9.2 Rights at the time of trial – There are some rights which are inculcate at the time of trial which also sub categorized into some rights also.
9.2.1 Right to a fair trial & speedytrial
Right to a fair trial is most important right that everyone should be aware about this right. In our Indian Constitution it is specifically written under Article 14 Right to Equality which basically
says that everyone is equal in the eyes of law, under Criminal Procedure Code it is described that everyone has right to a fair trial, which means that trial should be fair and it should be conducted in open code with the proper procedure which is laid down under Criminal Procedure Code as well as many other statues are also describe the concept of Fair trial.
Right to a speedy trial is not as such mentioned in any statue but Supreme Court have given some guidelines regarding this right in Hussainara Khatoon case18in this case SC directed that investigation of the case should be done as soon as possible. In some cases where the punishment to the accused person is 2 years the time period to do the investigation after the arrest of the accused is six months. The time period can only be extended as the prior permission of the Magistrate only.
9.2.2 Right of free legal Aid
Accused or arrested person also have right to get “Free Legal Aid”. In Criminal Procedure code, 1973 it is mentioned under Section 304 dealing with that as every person has right to get a Lawyer to handle a case in the court. Some people cannot afford the fees of the Lawyer as per hearing, so in that case if someone is not capable under this section he/she can approach a Lawyer for pleading and court will provide that person a lawyer from the state expenses.19 With the help of this right any person can easily approach the court and get a Lawyer and get a chance to get fair trial. In our Indian Constitution also Article 39A is giving the facility to the needy persons to get an Advocate for pleading in court.
9.2.3 Right to consult a lawpractitioner
Right to consult a law practitioner for legal assistance is one of the rights that the arrested person has in his/her hands. But as such this right is clearly defined under Constitution under Article 22(1) that a person has right to get in contract with the lawyer while the interrogation or throughout the interrogation for legal assistance. On the another hand earlier it was not mentioned any wherein Criminal Procedure Code, after the amendment was made in year 2008
and new section 41D has been added into the Criminal Procedure Code, 1973. It says that everyone has right to get a law practitioner for legal assistance.
9.2.4 Right to be examined by a medical practitioner
As we have read that there are many rights that are provided for person after the arrest is made n same way another right to facilitate the arrested person is to be examined by the Medical Practitioner to know the innocence of the person. These things mostly used in the cases like drink and drive, drugs etc.
10. EXCLUSIVE PROCEDURE FOLLOWED FOR ARRESTINGSEVERAL
In this paragraph it is taken into consideration that why there is special procedure is established for the arrest of several persons. Isn’t it shows biasness in its nature? Under Article 14 of the Indian Constitution it is clearly written that everyone is equal in the eyes of law then why there are special privileges is given to several persons on the time of arrest. This is categorizing it into two parts 1) Arrest of normal person 2) Arrest of special person. If everyone is equal then, why the procedures of arrest are different for some persons?
There are different procedures are followed for some categories–
Different procedure is there for arrest of Doctors, Judges, Women, and Children, MP/MLA in fact different procedure is followed for the arrest of a Schedule Caste or Schedule Tribes. Now we will be discussing this under different heads which are as follows
10.1 Arrest of Women
Arrest of women and children has different procedure under Criminal Procedure Code. Under Section 284 of Criminal Procedure Code, 1973 says that women would not be arrested after sunset and before sunrise except in some exceptional cases. On the another hand Section 285 of Criminal Procedure code says that without lady constable women cannot be arrested which
Means that male police office does not have the authority to made an arrest without women constable.20
Sheela Barse vs. State of Maharashtra21– In this case Supreme Court of India gave primary importance to the women dignity. This was also taken into the consideration that women are facing sexual abuse and harassment and even when they came to file case against that person still they have to face bad treatment and custodial rape. Many women commission and National human rights commission also working on it that culprit will not go unpunished. Hence, Supreme Court of India during and after arrest women are not harm and lady constable is must for arresting a women.
10.2 Arrest of Children
After women, children in India are facing same problems. In India children up bring is most important thing because they are the coming youth of the nation. If children will face issues like abuse and harassment then what will be the future of India. That is why children are governed by the “Juvenile Justice Law” which is protecting the children from abuse and harassment in custody in many ways. The famous point of this act is that this act says that children below 15 years cannot be arrested by police officers. Police has no authority of arrest a child who is below 15 years and pressurizing him22. In case child will be arrested by police then police officer has to hand over that child to the “special juvenile unit” with the proper information that why they have arrested the child.
10.3 Arrest of public officer Judicial Officers
As we have read many times that Judiciary is one of the three pillars of the democracy in India. The Judicial officers are on the position which is very highly repudiated and responsible position. While raising finger on the Judicial officer the person has to be very careful and sure
About the things because normal person usually go to the court for the remedy and people has so much faith on the Judiciary. This is the main reason there are special provisions regarding the arrest of the judicial officers.
Delhi Judicial Service Association vs. State of Gujarat23– In this case the guideline for arresting a judicial officer has been provided which says that judicial person cannot be handcuffed in any case. Except some situations like if there is any necessity of handcuffing the reason could be absconding. In this scenario also the police officer who is arresting a Judicial office has to be very sure and he should have proper reasoning also that why he has arrested a judicial officer. If any judicial officer is arrested by the police officer, the fact on which Judicial officer is arrested has to be communicated to the District and the Session Judge of the concerneddistrict.
Members of Parliament/ Legislatures
As per the Rule no. 229 of rules of Lok Sabha manual it is provided that for the arrest of the members of the parliament can be done only with the prior permission of speaker. When there is a need for the arrest of member and on that time session is going on. In this circumstances police office can arrest that member in the parliament itself after giving the reasoning to the speaker of the Lok Sabha24. If the member is outside somewhere then in that case also police officer has to give reasons that for these reason they have arrested the Member of Parliament. We can say that prior information about the arrest is important to the speaker of Lok Sabha.
Other persons Arrest – like Doctors
Doctors are known as those persons who protect lives of people. In our criminal law Doctors are protected from criminal cases. Police officer cannot arrest Doctor on the basis of Negligence in a routine manner. The reason behind this thing is that if everybody going to sue doctors for the negligence of their part then in this case that will not be taken into consideration. There is famous case law in which Supreme Court has clearly justified that why the doctors are protected from arrest. Also, the procedure for arrest if there is necessity. In necessary circumstances like for collection of evidence, and for taking information under these condition doctor can be called forinvestigation.
Jacob Mathew vs. State of Punjab and Anr25 – In this case SC has given the justification that why the arrest of doctors will not be applicable except in certain circumstances. The main aim for the protection is to protect doctors from those complaints who have lame allegations of negligence against the doctors. If these guidelines will not be there then in that case the fear will be crated in the mind of doctors that if they have done anything by mistake the action will be taken against them.
“Surgeon with shaky hand under the fear of being arrested will not be able to perform operation successfully”.
11. ANALYSIS OFQUESTIONNAIRE
1. Have you ever been arrested?
A) Yes B)No
Types of Responses YES NO
Numbers of Responses 0 20
Most of the people responded no that they have never been arrested. Almost everyone is aware about the meaning of arrest and detention.
2. What is the procedure of arrest?
A) Complicated C)Lengthy
Types of Responses Complicated Biased Lengthy
Number of Responses 5 7 8
The mixed responses are there, some of them said that the procedure of arrest is complicated which leads difficulty to understand. On another hand many people said that the biased procedure is followed during the arrest. And most of the people responded that the procedure is lengthy in nature.
3. How knowledgeable are you about the rights of an arrested person?
A) Not at all C)Extremely
B) A little
Types of responses Not at all A little Extremely
Number of responses 8 9 3
Mostly people were not aware about the rights of an arrested person. There is need of awareness among people about their basic rights. The primary importance of government should educate people in the society for better development.
4. There is a failure on the part of implementation of law to protect the rights of an arrested person
A) Strongly agree C)Disagree
B) Agree D) Not Sure
Types of Responses Strongly agree Agree Disagree Not sure
Number of Responses 10 7 0 3
The most of the people responded that they are strongly agreed that there is a failure on the part of implementation of law to protect the rights of an arrested person. On another hand most people were agree on this statement and some of them were not aware.
5. There should strict provisions against the arbitrary arrest.
A) Strongly agree C)Disagree
B) Agree D) Not Sure
Types of Responses Strongly agree agree Disagree Not sure
Number of responses 14 3 0 3
Maximum people were in favor of strongly agreed that yes there is need for strict provisions against the arbitrary arrest. Some of them were not sure about this concept of arbitrary arrest. Government should take some necessary steps for protecting the people from arbitrary arrest.
12. VIEW POINT
• As per my view, Arrest is a situation when police officer will be taking the liberty of the arrested person. Liberty is the right of person which is granted by the Constitution itself. So, on the time of arrest police officers should be very well versed about the laws related to arrest so that no complication would arise on the place of arrest.
• Police officer should act like a protector of Law not as the violator of law. On the time of arrest police officers should not act as a partial person. As we have seen that in some case police also act like a mediator which is not the assigned work of the police.
• The most of the things that I have noticed in the society is that usually common people feels threaten or they feel fear while registering problem to police officers. This is not good because police is appointed for the safety of the public not to threaten them.
• So, through this research paper I want to grab the attention regarding the duty of the police officers they should make sure the safety of the society instead of threatening them.
• We have also heard about the arbitrary arrest of the person is increasing day by day. If the arbitrary arrest is made by police officers and later if it is proved that the arrest was arbitrary arrest. Then in that case the state government will be held liable on the behalf of that police officer who has made the arrest.
• All the laws are perfect but there is lack of implementation. So we should more focus on the implementation process. If this process will become strong then the main problem will automatically be solved by the implementation process only.
The only incorporation of the process is not important the important thing is too aware the public about their basic rights. They should also aware about process of arrest. They need to know that this is the time to learn something and stand for their basic human rights. In future when everyone will be aware about their human rights then the crime rate will automatically will fall. Government can educate and an aware person in society by collaborating with NGO’s and with TV channels. Government can also conduct seminar related to awareness program on the basic Human rights.
The provisions related to arrest and the rights of the arrested person are enshrined in the Criminal Procedure Code, 1973 as well as in the Constitution of India. All the rights of the arrested person are mentioned in such a way so that the fundament rights of the arrested person are not violated by anyone. Article 22 of the Constitution is giving the safeguard to the arrested person from the detention and arrest. This is the duty of the state to follow the proper protocols on the time of arrest. If we see that now days the whole process is lacking behind. It needs some changes in a strict manner to control the crime rate which is increasing day by day.
Supreme Court has also made clear through many guidelines that now there is a need to amend and incorporate the laws once again. The point of view on this thing is that law should be changed according to the needs of the society. In this research paper we have read many times that police is partial I many situations. But somewhere and somehow the hand of judiciary is also involved in some situations for empowering the powers of police authorities by putting the exceptions on the time of arrest and detention.
Judiciary has divided the society into parts by giving them different procedures for different persons. Like in the procedure of arrest the blueprint is different and for the persons like women children MP/ MLAs the procedure is totally different. So, the view is that there should be a same procedure for everyone without any exceptions except in some situations. Government should come up with the friendly provisions and also some strict provisions should also be inculcated for the police officers who are making the loopholes within the provisions of arrest and making it more complicated.
1 Student at Lovely Professional University
2Available at https://www.legalbites.in/critical-analysis-of-the-meaning-and-purpose-of-arrest/ (visited on March 1, 2021).
5The Criminal Procedure Code, 1973 (Act No. 2 of 1974),s.42
6The Criminal Procedure Code, 1973 (Act No. 2 of 1974),s.43
7The Criminal Procedure Code, 1973 (Act No. 2 of 1974),s.46
9Rudal Shah vs., State of Bihar AIR 1086, 1983 SCR (3) 508
10The Constitution of India, art.21
11Kishore Singh Ravinder Dev vs. State of Rajasthan AIR 625, 1981 SCR (1) 995
12Maneka Gandhi vs. Union of India AIR 597, 1978 SCR (2) 621
13Nandini Sathpathy vs. P.L DaniAIR 1025, 1978 SCR (3) 608
14The Criminal procedure Code, 1973 (Act No. 2 of 1974),s.55
15D.K. Basu vs. State of West Bengal and Joginder Singh vs. State of UP
16The Criminal Procedure Code, 1973 (Act No. 2 of1974),s.56
17The Criminal Procedure Code, 1973 (Act No. 2 of1974),s.76
18Hussainara Khatoon & Or. Vs. Home Secretary, State of Bihar AIR 1979 SC 1369
19The Criminal Procedure Code, 1973 (Act No. 2 of 1974),s.304 20The Criminal Procedure Code, 1973 (Act No. of 1974),s.284,285 21Sheela Barse vs. State of Maharashtra JT 1988 (3) 15
22The Criminal procedure Code, 1973(Act No. 2 of 1974),s.106(1)
23Delhi Judicial Service Association vs. State of Gujarat AIR 2176, 1991 SCR (3) 936
24RULE 229 “Rules of Procedure and Conduct of Business for Lok Sabha”.
25Jacob Mathew vs. State of Punjab and AnrAppeal (crl) 144-145 of 2004