Draft Arrest Policy
- IJLLR Journal
- Apr 30
- 2 min read
Vandan Pareek, Symbiosis Law School Hyderabad
INTRODUCTION
This policy creates standardized, transparent guidelines that direct law enforcement authorities when making arrests in India. This document works as a balance between police enforcement requirements and constitutional protection of basic rights in India.
When law enforcement agencies need to limit individuals suspected of committing criminal offenses they use the arrest as an essential tool within the Criminal Justice System. Taking an individual as a suspect of an offense qualifies as an arrest, which means putting them under official protection or custody. In India, the process of making an arrest is governed by the CrPC. Sections 41 to 60 within the CrPC, 1973 treat the matter of individual arrest. The term arrest has not been defined in the CrPC or IPC.
A person's arrest stands directly connected to Article 211 of the Indian Constitution, as the article states "No person shall be deprived of his life or personal liberty except according to procedure established by law." An unlawful or improper arrest violates an individual's fundamental life and liberty rights. The Supreme Court in Maneka Gandhi v. Union of India (1978)2 held that the procedure established by law under Article 213 must be just, fair, and reasonable; thus, any arrest must follow due process, ensuring that no individual is arbitrarily deprived of their personal liberty without a fair and transparent legal procedure.
The great political philosopher Bolingbroke once said, "Liberty is to the collective body, what health is to every individual body. Without health, no pleasure can be tasted by man; without Liberty, no happiness can be enjoyed by society."
Under the Code of Criminal Procedure (CrPC)4 in India, offenses exist as both cognizable and non-cognizable as well as bailable or non-bailable categories. The law permits police to write official complaints and effect arrests without warrants when dealing with cognizable offenses. The police must release offenders whose crimes meet bail requirements after securing reasonable conditions for release, yet they lack power to release any other arrestee unless a judge approves bail.
