Arrest, being an important tool in criminal law, serves the purpose of presenting the offender before the court so as to prevent him/her from escaping and committing any subsequent crime. Of course, an arrested person has certain rights such as a right to fair trial and that his arrest must not be without any reasonable cause. In this regard, the Apex Court in the case of Joginder Kumar v. State of Uttar Pradesh held:
“No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The Police Officer must be able to justify the arrest apart from his power to do so.”
The Code of Criminal Procedure, 1973 contains the law relating to arrest in India which is of course subject to Articles 21 and 22 of the Indian Constitution. This Article exhaustively discusses the provisions relating to arrest in the Indian context.
Posted on Dec. 12, 2020, 10:32 a.m.Read More →