A Brief Overview on Arrest, Procedure of Arrest and Right of the Arrested Person

  • Satabdi Gupta
  • Show Author Details
  • Satabdi Gupta

    Student at KIIT School of Law, Bhubaneswar, Odisha, India.

Abstract

This Article is based on the study of Arrest, procedure of arrest and the rights of the arrested person. Initially the article address the meaning of Arrest, which propounded that it, means seizing and detaining a person from his personal liberty and right to move freely. Then it discussed about how the arrest made under the code of criminal procedure 1973, which includes two method- one is arrest with warrant and second one is arrest without warrant. Arrest with warrant take place when the person has committed a non-cognizable offence, which means the offence is less serious in nature. Moreover, Arrest without warrant take place when the person has committed a cognizable offence, which means the offence is more serious in nature. Then it discussed about the rights of the arrested person that is, right to consult a legal practitioner, right to know the grounds of their arrest under which they have been charged, right to be taken before a magistrate without any delay and so no. There are multiple case laws, which provided us with several guidelines of arrest and the right of the arrested person. However, there were several crucks were this process has been criticized and several questions has been raised in the functioning of this procedural system in India. One of the biggest drawback is the scope of corruption and connected malpractices in India, which primarily effect the detention of the correct person and the rights of the arrested person.

Type

Research Paper

Information

International Journal of Law Managment and Humanities, Volume 4, Issue 3, Page 531 - 538

DOI: https://doij.org/10.10000/IJLMH.11501

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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