Arrest – Procedure And Rights Of An Arrested Person

Shrutimanjari Singh, B.A.LLB, KIIT School of Law

ABSTRACT

This is packed up article with a detailed study about the term arrest which is generally referred to as restrain. The types of arrest, procedure of arrest and rights of an arrested person are also highlighted briefly with proper cases and Sections. Arresting an innocent is violation of his Right to Life. So, a person making an arrest should be aware of the contents mentioned in this article to make a just and fair arrest.

Introduction:

Innocent until proven guilty is a well-known proverb in our Indian legal system. Any human being who is accused of an offence is innocent until proper evidence is provided against him/her to be guilty of a crime. Our Constitution gives number of Fundamental Rights to its citizens amongst which Right to Life is an important right which should be provided to all the citizens. Like, every human being, people those who are accused are also entitled to these fundamental rights. If a person is arrest only because someone accused him/her without any secure corroboration will breach his Right to Life.

Arrest is a procedure in which a person over-powers or imprisons someone because he is associated with a crime.1 It is done on the grounds that an individual for accomplishing something used incorrect means. After a person is arrested he goes through some procedures like cross examination and investigation which is essential for the Criminal Justice System.