Tracing The Law On Arrest In India
- IJLLR Journal
- Jul 2
- 1 min read
Ishita Goel & Manya Garg, O.P. Jindal Global University, Sonipat.
ABSTRACT
This article presents a comprehensive analysis of arrest and its procedures under various provisions of the criminal procedural law in India, focusing on its legislative intent, practical implementation, and evolving judicial interpretation. The study examines the arrest laws in India, including prompt preventive action, which it offers to the investigating agencies for the purpose of criminal investigation. However, it also highlights significant drawbacks such as misuse of discretionary powers, potential violation of fundamental rights, and lack of accountability. By critically analyzing and evaluating these issues, the article identifies key lacunae in the current framework, such as inadequate safeguards, poor implementation of Supreme Court guidelines, and insufficient oversight mechanisms. Furthermore, a comparative perspective is provided by analyzing arrest law in India with laws in other foreign jurisdictions, drawing lessons from their emphasis on due process, judicial supervision, and rights-based policing. The article concludes by offering pragmatic reforms, suggestions aimed at balancing state authority with civil liberties to ensure justice, transparency, and public trust in the criminal justice system.
