Arrest

 ARREST

Introduction

Regardless of whether or not a person is a criminal, every individual must be treated as a human being first. Even Nevertheless, until a court of law finds the accused guilty, the accused is presumed innocent. Even when the accused is charged with a crime, it is a hallmark of our democratic society that the accused's rights are considered sacred. Our law is quite protective of people's "personal liberty," and as a result, no one can be detained without valid legal authority. Article 21 of our constitution states that no one will be deprived of his or her life or personal liberty unless it is done in accordance with procedure. Article 21's procedure must be conducted in a "just, reasonable, and fair" manner, not in any arbitrary, whimsical, or oppressive way. The arrest is expected to be not only legal, but also reasonable. Even India's Constitution recognizes the rights of people who have been arrested under the Fundamental Rights Act. As a result, the accused has been granted some legal privileges.

What is Arrest?

When someone breaks the law, they are arrested. So, what exactly is an arrest? In general, 'arrest' means that a person loses some of their independence and liberty when they are detained. They're put in a restraint system. The 'Arrest' is not defined in the Criminal Procedure Code of 1973, which deals with the legal issues of arrests. When a person is arrested, he or she is placed into the custody of a legal authority with the authority to detain the individual. The individual is then asked to respond to the charges levelled against him, and he is held to prevent any further criminal activity.

As per Legal Dictionary by Farlex, “Arrest” means “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.”

Who can arrest?

The arrest can be made by police, magistrate and even a private person

Section 41(1) CrPC Says: Any police officer- may without an order from a magistrate and without a warrant arrest any person who has committed a cognizable offence, who is in possession of stolen property, or is a state offender, who obstructs a police officer in discharge of his duty, who attempts to escape from lawful custody, who is declared as a deserted from any of the Armed Forces of the Union, who is a released convict and breaches his contract of release etc.

Section 42 authorizes a police officer to arrest a person for an offence which is non-cognizable if the person to be arrested refuses to give his name and residence.

Section 43 gives the right to a private person like you and me to carry out an arrest of a person who in his presence commits a cognizable or a non-bailable offence or who is a proclaimed offender. Section 44 arrest by magistrate as per section 44(1) of CrPC, the Magistrate has been given the power to arrest an individual who has committed an offence in his presence and also commit him to custody. 

However, CrPC exempts the members of Armed forces from being arrested for anything done by them in discharge of their official duties except after obtaining the consent of the government (section 45 CrPC).

Section 46 of CrPC explains how arrest is made with or without warrant.

Section 46(4) special protection as females, that forbids arrest of women after sunset and before sunrise, except in exceptional circumstances in which case the arrest can be done by a woman police officer after making a written report obtaining a prior permission from the concerned judicial magistrate of first class within whose local jurisdiction the offence is committed or the arrest is to be made.

Conclusion

Although the Code of Criminal Procedure of 1973 contains important restrictions, the police have continued to abuse their arrest power. It is still believed that the police exploit their authority to threaten and extort money from persons who have been arrested. According to reports, the police fail to tell the arrested people about the charges against them and do not give them with the appropriate legal assistance. As a result, it is critical to implement changes in the Criminal Justice Administration so that the State understands that its primary responsibility is to apprehend and reform the criminal rather than simply punishing him.