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ARREST UNDER CODE OF CRIMINAL PROCEDURE (CrPC)

arrest

Introduction

The main objective of this article is to discuss the concept of arrest given under the Code of Criminal Procedure, 1973. Basically the term arrest stands for the apprehension or taking into custody of a person by a legal authority or by the apparent legal authority for the purpose of holding and detaining that person which causes him/her the deprivation of liberty. In addition, it must be noticed that “each compulsion or physical limitation is not arrested however when the restriction is total and deprivation of liberty is complete or finished, it amounts to arrest.

Concept and Meaning of the term Arrest under CrPC

Under Criminal Procedure Code (CrPC), section 46 prescribes the mode of arrest with or without a warrant. Under this, the total procedure been referenced is related to arrest an individual who committed any offence. The essential aim of criminal law is to shield the general public from criminals and from law-breakers. In this way, criminal law comprises both substantive and procedural law. Chapter V of Code of Criminal Procedure, 1973 deals with the arrest of people under Sections 41 to Section 60.

There are some case laws whose judgments gave the exact meaning of the term arrest as given under CrPC.

Purpose of Arrest

The mere purpose behind arrest is to bring an arrestee under the watchful eye of a court and to make sure about the administration of the law. An arrest additionally serves the role of informing society that an individual has been carrying out crime and to prevent him from the same in the future. Basically, it serves as a deterrent for the others in the society so that everyone is aware of the punishments before committing the crimes.

Additionally, it very well may be seen that the Code permits arrest on the apprehension of a cognizable offence too. In the case of Rajesh Raut v. Territory of Maharashtra[3], it was held that where an arrestee has a preparation to commit a cognizable offence influencing the harmony and order in that place, his detainment for specific days ordered by the Magistrate would be legitimate and justified.

Rights of an Arrested Person

There are certain rights that are available to the arrested persons as well. This is so because everyone is equal in the eyes of the law while serving justice. The rights are as follows:

Misuse of the Power of Arrest

If something has advantages, then it has some disadvantages as well. Same is the case with the power of arrest. In spite of all the laid procedures and rules, abuse of the power of arrest and custodial violence isn’t novel in India. In the case of People’s Union for Democratic Rights v. Police Commissioner, Delhi[5], the police officers arrested some people from the town and constrained them to accomplish certain work at the police station. On requesting compensation, these people were stripped and beaten up. Similarly, in Prem Shankar Shukla v. Delhi Administration[6], the petitioner moved the Supreme Court contending that he and certain other detainees were forced to wear cuffs during custody. These instances of the abuse of the power of arrest shake the entire meaning and concept of the arrest.

Conclusion

From the above, it can be concluded or said that even our Indian Constitution recognizes the right to personal liberty under Article 21. Also, it is given in the Constitution that the same right can be infringed only by a fair and reasonable procedure established by law. Thus, the concept of arrest related to it has a special significance.

Sources:

[1] AIR 1951 SC 207.

[2] AIR 1953 SC 10.

[3] 2003 Cri.L.J 134.

[4] (1980) 1 SCC 98.

[5] (1989) 4 SCC 730.

[6] (1980) 3 SCC 526.

This blog is written by Rashi Srivastava, Amity University.

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