Abstract
Being the initial stage of the criminal justice system, arrests are a crucial part of criminal law. This essay examines the constitutional protections and procedural framework that control arrests in India. It evaluates current laws, points out inconsistencies, and suggests changes to increase transparency, accountability, and individual rights protection. In order to determine important areas for improvement, such as keeping arrest records, guaranteeing access to legal counsel, restricting the use of force, and compensating people who have been wrongfully arrested, the study looks at statutory legislation, court decisions, and international treaties. While maintaining the principles of justice and human decency, these suggestions aim to advance the judicial system.
Key Words – Arrest Procedure, Criminal Justice, Constitutional Rights, Police Accountability, Legal Reforms, Human Rights
Introduction
One of the most essential features of Criminal Law is the ability to punish the convict for the crimes he has committed, and the first step towards punishing a convict is to identify the person and arrest him. Therefore, an arrest can be defined as holding someone in captivity due to an allegation of a crime or infraction, which is referred to as an arrest. It is performed when someone is discovered for any offense. Other processes, such as questioning and investigation, occur once a suspect is taken into custody. When someone is taken into physical custody by the proper authorities, this is an arrest. No definition of arrest is provided in the Criminal Procedure Code[1] or Indian Penal Code[2]. Section 46 of the CrPC[3], which addresses “How an arrest is made,” is the only source that specifies what an arrest is. An individual who has been arrested is taken into captivity by a law enforcement official. After being given the opportunity to respond to the accusations made against him, the person is locked up to prevent other crimes from being committed. While there may be legal constraints in certain situations, in others, the subject merely surrenders to the arresting officer’s custody. The Indian Constitution grants the person who has been arrested a number of rights. These rights include the ability to ask for legal counsel, stay silent, and plead before a judge within 24 hours after being taken into custody. Guidelines have been developed by the Indian Supreme Court to stop law enforcement officials from abusing their power to make arrests. To make an arrest, a police officer must follow protocol for both arrest and custody, inform the subject of the reasons for the arrest, and have a good faith judgment that the arrest is necessary. There have been concerns expressed about law enforcement officials abusing their power to make arrests, which results in the unwarranted detention and incarceration of innocent people.
[1]The Code of Criminal Procedure, 1973, No.2.
[2]The Indian Penal Code, 1860, No. 45.
[3]The Code of Criminal Procedure, 1973, § 46, No. 2, Acts of Parliament, 1973 (India)