Challenges Of Illegal Arrest In India: A Comparative Analysis With The U.S. Standards
- IJLLR Journal
- Mar 21
- 1 min read
Arihana Gohain, National Law School of India University, Bengaluru
ABSTRACT
This paper examines the legal framework surrounding illegal arrests in India and compares it with the standards set in the United States. By analyzing landmark cases such as D.K. Basu vs. State of West Bengal and Joginder Kumar vs. State of U.P., it uncovers the gap between India's legal safeguards on paper and their real-world enforcement.1
One of the key differences highlighted is the procedural threshold for arrests—while India follows a "reasonable suspicion" standard, the U.S. requires the stricter "probable cause" benchmark. Additionally, India's legal system lacks enforcement mechanisms like the exclusionary rule and the Brady rule, which play a crucial role in ensuring fair trials in the U.S. This absence often results in a system that prioritizes swift convictions over procedural fairness.
Although India's Constitution provides protections against arbitrary detention, the lack of codified remedies and consistent enforcement weakens these safeguards in practice. The study ultimately calls for a reassessment of India's approach to illegal arrests, emphasizing the need to strike a better balance between law enforcement efficiency and stronger protections for personal liberty.
