Bhawartha Nikhade, Law College Dehradun & Vini Chourasiya, Maharaja Sayajirao University of Baroda
ABSTRACT
In a democratic country like India, it is disheartening to see an upsurge in the number of public interest litigation related to the infringement of Article 19 and Article 21 as a violation of human rights in the police stations by the protective authority like the police. Cases of false arrest, custodial deaths are of great concern nowadays. False arrest is a part of false imprisonment. In this research paper, we analyze a number of cases like Rudul Shah vs the State of Bihar, Bhim Singh vs State of Jammu and Kashmir, Bird Vs Jones, and many more related to false imprisonment and discuss how false imprisonment leads to the violation of the fundamental rights of the citizens. There are many defenses and remedies are available under the law of false imprisonment. This research paper is an attempt to draw attention to the law of false imprisonment.
Keywords: False imprisonment, False arrest, human rights, confinement, Habeas Corpus
