The primary purpose of criminal law is to protect society from criminals and law enforcers. Such criminals need to be kept away from society for their protection. This purpose is achieved through arrest. The purpose of the arrest is to bring the person to justice and to protect the administration of law if he is suspected of being involved in any crime. This article will try to provide the relationship between the arrest and the procedures and provisions related to the law.
The word “arrest” literally means to detain a crime and take them into custody in response to a criminal charge. When a person is arrested, he is being deprived of his freedom in response to the protection of society.
A “warrant” is a document or legal document issued by a judge or government official that authorizes the police or other agency to secure a place of arrest, a place of search, or any of our other related activities. There are certain crimes for which arrest can be made without a warrant and no arrest can be made anywhere without a warrant. Both are discussed below.
The Code of Criminal Procedure, 1973 divides crime into two types:
Arrested without a warrant-
Police officers can arrest a person without a warrant under certain conditions. The conditions for arresting a person without a warrant under section 41 of the Code are as follows:
Who was involved in a cognitive offense such as murder, rape, theft or was convicted of a felony punishable by 7 years in prison as a suspected offense or was charged with a felony
Who had any housebreaking weapon without any legal excuse?
Who has been declared a criminal under the Code of Criminal Procedure or any other order by the State Government or any law in force?
Interrupts any police officer in the line of duty or who has escaped or tried to escape from legal custody.
Anyone concerned about the law or against whom reasonable allegations have been made or credible information has been obtained is punishable by an offense if he commits to committing any act anywhere outside India and for which he is handed over or otherwise, arrested or detained in India Detention is under the liability law.
Who was reasonably suspected from any one of the Union’s armed forces?
Who has been released as guilty, in violation of any of the rules mentioned under paragraph 356 of paragraph 5pf, maybe the rules for the State Government to enforce the provisions of this section relating to notification of housing or change of residence?
For which the request for arrest has been received from another police officer, provided that the request must be made to arrest the person and specify the reason for the arrest and it appears that the person should be legally arrested without a warrant.
DK Basu v. the State of State
At least 591 people died in police custody in 2015, most of them arrested and have yet to appear before a magistrate. In 2016, according to official data, 92 deaths were recorded in police custody, of which 60 occurred before reaching court. It mocks 55A and 57 of the Code of Criminal Procedure (CRPC) which places the responsibility of caring for the accused and the production person in the custody of a magistrate within 24 hours.
However, India has witnessed a large number of historical trials that have shaped our Constitution with justice, fairness, and good conscience. One case that extends the horizons of fundamental rights finance is D.K. Basu v. State of West Bengal. In this case, the analysis deals with a final problem.
Arrests have a depressing and depressing effect on the life of the arrested person. There must be a balance between the protection of a state and the freedom of an individual when dealing with an arrest. Since arrests have a tremendous impact on people’s lives, a bridge needs to be built between social interest and the protection of the accused’s rights. We also need to take care of the human rights principles contained in Part III of the Constitution and the various international constitutions.
In short, there are two ways to do this to create more awareness about their rights and legal procedures, especially among the poor and uneducated. To hold police officers more accountable for their arrest and to convince them that the arrest was not an arrest in their case
By Moumita Muhuri, 3rd year of Shyambazar Law College.
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