Rights Of A Person Under Arrest

The illegal and whimsical arrests of persons by police has been as concern all the times. Know the constitutional tools for upholding the rights of an arrested person. 

Publish date: 13-09-2020

In this topic

As the liberty of an individual is of great constitutional importance, implying that the law should uphold the upholds the fundamental rights of an arrested person. This article is a snapshot of arrests done, and the empowerment of the arrested person.

 

Basic Concept of Arrest & Personal Liberty

 

Concept of Arrest

 

Arrest is essentially a restraint applied on an individual, more precisely it is a physical restriction, depriving the person of personal liberty.  Any person who is arrested by law (police), is deprived of liberty to:

  1. Move freely
  2. Socialize freely
  3. Other aspects of liberty in diverse forms such as reading, writing, expressing etc.

 

 

Concept of Liberty of An Individual 

 

The Right to Life  includes the right to live with human dignity, that goes along with the basic necessity of life such as adequate nutrition, clothing, shelter overhead, socializing & mixing freely with fellow human beings and facilities of life like reading, writing and expressing in diverse forms.

The law aspect on the individual's liberty is a matter of great constitutional importance, as the 'Personal Liberty' is too precious thing to be taken lightly by anyone including the State and its functionaries.

 

Common Concepts of Arrest, its Misuse & State Concern
  1. Arrest being the most fearful aspect of entire legal procedure to bring justice in offences has been both seen as protector as well as annihilator by common citizen. A common citizen sees it as a protector tool from the offending criminals, whereas almost all fear from being arrested. 

 

    1. Root Cause: Since generations, the root cause of fearing arrests arises due to the loss of liberty and underlying the loss of social prestige.  Both liberty and prestige are the essential ingredient of a Personal Liberty of the person under the constitution.  
    2. Constitutional Concern: The constitution is always concerned about individual's liberty. An example:  A minor girl arrested and remanded to jail is entitled to compensation. (free legal aid committee, Jamshedpur vs State of Bihar, 1999 (3) Crimes 90. Pat)
  2. The illegal and whimsical arrests of persons by police has been as concern all the times. Looking into this aspect, the state has constituted various review commissions, which has duly submitted their reports. Some important extract of data and analysis relating to arrests and rights are given below.

 

Analysis of Arrest Data   

3rd Report of National Police Commission –   Arrest Analysis   

An illustration of the huge amount of unnecessary arrests caused by police (ironically, its more than the necessary & justified arrest) is given below. With such higher percentage of arrests occur, they outright cause the unnecessary increase in expenditure on jails.

 

 

 

When the arrest is necessary   ( Recommendation of 3rd Police Commission Report)

  • When the case involves grave offence like murder, rape, robbery, riots, etc, and its necessary to arrest the accused to restraint the movement, in order to infuse confidence among terror-stricken victims
  • When the accused is likely to evade the process of law and trail, and may abscond
  • When the accused is showing violent behaviour and is likely to continue committing further offence of grave nature.
  • When the accused is habitual and repeat offender of crimes.

 

 

Protection Against Illegal Arrest   
  1. The right of an accused against illegal arrest is a matter of human rights. There are profound guidelines in the concerning articles, that empowers the rights to the arrested person
  2. The CrPC section also enables high court direction for protection of rights under arrest
  3. With these tool of law, a citizen can prevent himself from illegal arrest, with aptly invocation by able attorney.

 

 

 

Usage of Article 21, 21(A) & Direction of High Court u/s 482 Cr. PC 

 

Statuary Guidelines & Constitutional Provisions of Article 21, & 21 (A)  

These are to be strictly implemented by police soon after arresting

  • The arrested person being in custody is entitled to consult his friend, relative or a lawyer or any other person whom he knows, who is likely to take interest in his welfare during custody.
  • The police are necessarily required to inform the arrested person about his right immediately after his arrest, and soon when the person is brought to police station
  • The police must make and entry in the diary about who is to be informed of the person's arrest.

Prevention against humiliation

  • A person facing humiliation arising due to illegal arrest is entitled to compensation. Reference can be taken from ( Dr. Rini Johar vs State of M.P 2017 (1), Crimes 203 (SC).

 

Section 482 Cr.P.C or Article 226

  A victim may seek direction of High Court u/s 482 Cr.PC or Article 226 against wide fide power of arrest by police.  

 

Reference : ( Md. Farooquszaman vs State of Bihar, 2006 (4) B.B.L.J 224

 

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