‘ARREST’ IN INDIA: 360° ANALYSIS
India witnesses staggering number of arrests, prompting public and legal dialogues. These encompass the arrests of over 2,000 persons for child marriages in Assam, a Union Minister for his remark against a Chief Minister, a businessman for his involvement in a pornographic racket, a Sikh separatist for his campaign for Khalistan, and a former CEO of a private bank for her role in a loan fraud case. These arrests have engendered various issues pertaining to the grounds, procedure, rights and accountability of the arrested persons and the arresting authorities, as well as the social and ethical ramifications of their actions.
The article contemplates the power to arrest an individual under the Code of Criminal Procedure, 1973 (hereinafter referred as ‘the CrPC, 1973’). The Rule of Necessity is the basis for arrest, which aims to strike a balance between the societal interest of having a justiciable order in the nation and the individual interest of Right to Life and Personal Liberty. The article also delves into the Constitutionality of Arrest under the Constitution of India, 1950 (for brevity, the Constitution) vis-à-vis the Right to Freedom under Article 19 and the Right to Life and Personal Liberty under Article 21.
The article also elucidates upon the grounds and circumstances for arrest as per the CrPC, 1973 vary depending on whether the case is cognisable or non-cognisable, and whether the arrest is made by the police, a private person or a Magistrate. The article also emphasizes that regardless of the method of detention, the essential entitlements of the arrestee, such as the Right to Life and the equitable adherence to post-arrest procedure including Medical Examination, must be honoured and preserved by the authorities in conformity with the instructions established by the Hon’ble Supreme Court.