ARREST & DETENTION UNDER INDIAN LAW

2024, Vol.01, Issue 01 Pages 30-32

Kohli, Aman¹, and Kohli, Vikasdeep Singh² 👤 ✉ ORCID¹: DOI: https://doi.org/10.70388/sm241104

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Citation

Kohli, Aman, & Kohli, V.S. (2024). Arrest & Detention Under Indian Law. Shodh Manjusha: An International Multidisciplinary Journal, 01(01), 30–32. https://doi.org/10.70388/sm241104

Abstract

An arrest is the act of detaining an individual by legal authority, typically law enforcement officials, due to suspicion of involvement in a crime. It involves taking the person into custody, restricting their freedom of movement, and bringing them under the control of the arresting authority. Arrests usually occur when law enforcement officers have probable cause to believe that someone has committed a crime, based on evidence or witness statements. However, in some cases, arrests can also happen with a warrant issued by a court, which is based on probable cause established through an affidavit submitted by law enforcement. Once arrested, the individual may be taken to a police station or other holding facility for booking, where their personal information is recorded, and they may undergo fingerprinting and photography. Following the booking process, the individual may be released on bail or held in custody pending further legal proceedings, such as arraignment or trial.

Keywords: Crime, investigation, bail, imprisonment, juvenile, warrant, custody, legal assistance, offence

Under Indian law, an arrest is governed by the Criminal Procedure Code (CrPC), which outlines the procedures and regulations regarding arrests, detention, and related matters. Here are some key points regarding arrests under Indian law:

1. Grounds for Arrest: A police officer in India can arrest a person without a warrant if there are reasonable grounds to believe that the individual has committed a cognizable offense. A cognizable offense is one for which a police officer can arrest without a warrant and initiate an investigation without the need for a court order.

2. Arrest Warrant: In certain circumstances, a warrant is required for arrest, especially in non-cognizable offenses. A warrant is a written order issued by a magistrate or court authorizing the arrest of a specific individual.

3. Rights of the Arrested: Similar to other jurisdictions, individuals arrested in India have certain rights, including the right to be informed of the grounds of arrest, the right to legal representation, and the right to be produced before a magistrate within 24 hours of arrest (excluding the time necessary for the journey from the place of arrest to the magistrate’s court).

4. Bail: After arrest, the arrested person may be entitled to seek bail, which is the temporary release of the accused pending trial. Bail may be granted by the police or the court, depending on the seriousness of the offense, the likelihood of the accused fleeing, and other relevant factors.
5. Interrogation and Detention: During detention, the arrested person must be treated humanely and not subjected to torture or other forms of cruel, inhuman, or degrading treatment. The police are required to follow due process and adhere to the guidelines laid down by the Supreme Court of India regarding custodial interrogations and detentions.

6. Record Keeping: The police are required to maintain proper records of arrests, including the time, place, and circumstances of the arrest, as well as the personal details of the arrested person. This helps ensure transparency and accountability in the criminal justice system.

7. Legal Remedies: Individuals who believe their rights have been violated during arrest or detention can seek legal remedies, including filing complaints with the appropriate authorities or approaching the courts for redressal through writs such as habeas corpus.

8. Custodial Rights: When a person is arrested in India, they have the right to inform a friend, relative, or other person of their arrest and the place of detention. This right helps ensure that the arrested person can access legal assistance and notify others about their situation.

9. Medical Examination: Upon arrest, the arrested person has the right to request a medical examination by a qualified medical practitioner. This is particularly important in cases where there are allegations of physical abuse or torture during custody. The medical examination helps document any injuries or signs of mistreatment.

10. Juvenile Arrest: Special provisions exist under Indian law for the arrest and detention of juveniles (individuals below the age of 18). Juveniles are to be handled in accordance with the Juvenile Justice (Care and Protection of Children) Act, which focuses on rehabilitation and reintegration rather than punishment.

11. Women Arrestees: Special considerations are given to women during arrest and detention. Female police officers are often involved in the arrest of women to ensure their dignity and privacy are respected. Additionally, women are not to be kept in police custody overnight without the permission of a magistrate.

12. Witnesses and Arrest: In some cases, witnesses may also be arrested if they fail to cooperate with the investigation or if there are reasonable grounds to believe they have committed an offense. However, witnesses are generally treated differently from accused persons and are entitled to certain protections under the law.

13. Release on Personal Recognizance: In minor offenses, the police may release the arrested person on personal recognizance, which means they are released without bail on the basis of their promise to appear in court for further proceedings. This is typically done for offenses punishable by a fine or short imprisonment.

14. Recording of Statements: Any statements made by the arrested person during custody must be recorded in writing and signed by the person making the statement. This helps ensure transparency and prevents the use of coercion or false confessions during interrogation.

These aspects collectively contribute to the legal framework surrounding arrests in India, aiming to balance law enforcement needs with the protection of individual rights and liberties.

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About Author

Mr. Aman Kohli is an enthusiastic learner of English and pursuing Ph.D. in the Department of Law at NIILM University Kaithal under the supervision of Dr Vikasdeep Singh Kohli. Dr Vikasdeep Singh Kohli is working as an Associate Professor in the Department of Law at NIILM University Kaithal Haryana. She has written several books and presented & published around 20 research papers in various National and International Journals.

Impact Statement

In India, the Constitution of India and the Code of Criminal Procedure (Cr. PC) establish the rights of people who are arrested or detained like, the arresting officer must immediately inform the person of the reasons for their arrest, the arrested person has the right to consult a lawyer of their choice, the arrested person must be produced before a magistrate within 24 hours of their arrest, etc. This article will provide valuable information to all citizens including readers of the journal on the Cr. PC.