ABSTRACT
Everyone has a fundamental right to receive information about why the state detained them. The Indian Constitution through its legal statutes and constitutional provisions safeguards the right to be informed of detention reasons while preventing illegal detention and upholding procedural rights. This research analyzes the Indian Constitution Article 21 and Article 22 of fundamental rights and the procedural aspects of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) through judicial interpretations that enhance these protections. This research evaluates the difficulties of protecting these rights because of police resistance combined with gaps in legal rules structure. Recent judicial rulings integrated into the study demonstrate how to enhance arrest accountability and transparency by developing new policies.
KEYWORDS- Arrest, Bail, article 21, article 22, BNSS 2023, Unlawful, freedom.
INTRODUCTION
An arrest represents a substantial legal procedure that limits an individual’s freedom to move without restriction. The law protects arrested individuals from misuse of power by ensuring the authorities inform them about the reasons for their detention when arrest lacks proper safeguards it allows for violations of human rights and results in both abuse in custody and wrong decisions in court.
Arrest procedures in India are governed by multiple legal statutes as well as provisions in the Indian Constitution. The current lawful protection systems for detention face ongoing reporting of illegal arrests which causes concerns about police accountability as well as their effectiveness at protecting citizens. The paper investigates how legal protection standards interact with judicial decisions when addressing actual implementation obstacles to inform detainees of their rights.