Rights Of Arrestees In India A Comparative Study With UK And USA"

Riya & Garima Jain, University of Petroleum and Energy Studies

DEFINITION OF ARREST

“A seizure or forcible restraint; an exercise of the power to deprive a person of his or her liberty; the taking or keeping of a person in custody by legal authority, especially, in response to a criminal charge.” The purpose of the arrest is to bring the arrested person to court without delay or otherwise to ensure law enforcement. An arrest has the function of informing society that an individual has been charged with a crime and can also reprimand and deter the arrested person from committing further crimes in the future. The Arrests can be made out on both criminal and civil matters, where the civil arrest is a drastic measure that is not been viewed with the favor by court. There are some limits that are being imposed by the Federal Constitution both civil and criminal arrests.