Basic Law: Right Against Arbitrary Arrest
One-Line Principle
Police cannot arrest a person arbitrarily; an arrest must have a lawful basis and comply with the safeguards prescribed by law.
Simple Explanation
The power to arrest is not unlimited. Depending on the circumstances and the offence, the police must satisfy the statutory requirements for arrest and follow the prescribed procedure.
Arrest should not be used merely as a routine or punitive measure. The legality and necessity of arrest are important considerations under the applicable law.
Key Legal Provisions
- Section 35, Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): lays down when police may arrest without a warrant and includes safeguards concerning the necessity of arrest.
- Article 21, Constitution of India: protects life and personal liberty and requires deprivation of liberty to follow a procedure established by law.
Important Judgment
Joginder Kumar v. State of Uttar Pradesh (1994)
The Supreme Court emphasised that the power to arrest must be exercised carefully and that arrest should not be made merely because it is legally possible.
Important Points
- Every accusation does not automatically justify arrest.
- The necessity and legality of arrest matter.
- Arresting authorities must follow statutory safeguards.
- The arrested person retains constitutional and legal protections.
Remember
“Power to arrest is not the same as a duty to arrest.”
Legal Awareness
Allegation, legal assessment, necessity of arrest, procedural safeguards and judicial oversight.
Right Against Arbitrary Arrest in Criminal Cases
The law places safeguards around the power of arrest to protect an individual’s personal liberty. The legality and necessity of arrest, along with compliance with the prescribed procedure, are important aspects of criminal law and criminal procedure.
For legal advice relating to arrest, bail, criminal cases, police procedure and criminal litigation, consult Adv. Keshav Mehra Advocate in Gurgaon experienced in handling criminal matters.
