Siddharth R, B.A., LL.B., (Hons), Saveetha School of Law, Chennai-77
ABSTRACT
The legal process of arrest is a cornerstone of any criminal justice system, embodying the delicate balance between law enforcement's authority and the protection of individual rights. In the Indian context, the procedures related to arrest under the Code of Criminal Procedure (CrPC) play a pivotal role in shaping the dynamics of justice delivery. This critical analysis delves into the multifaceted realm of arrest procedures under the CrPC in India, seeking to unravel its complexities, implications, and potential shortcomings. The CrPC serves as the guiding compass for law enforcement agencies when it comes to arresting individuals suspected of committing crimes. These procedures are not merely bureaucratic formalities but rather an essential safeguard against arbitrary arrests, abuse of power, and violations of fundamental rights. The research method followed is an empirical method. The data is collected through a questionnaire and the sample size is 200. The simple random method is adopted in the study to collect the data. The samples were collected from Family and Friends. The independent variables are gender, age, occupation, monthly income, educational qualification, and marital status of the respondents. The dependent variables are the effectiveness of the current arrest procedure, the main factors responsible for the arbitrary use of arrest procedures, challenges faced by the Indian Judiciary in ensuring the timely production of the arrested person. While the CrPC provides a legal framework for arrests, it is essential to address several critical issues. The concerns raised by respondents, such as the lack of proper training and awareness, pressure to show results, and political influence, highlight areas that require immediate attention. Strengthening accountability and oversight mechanisms is crucial to preventing arbitrary arrests and ensuring due process.
Keywords: Code of Criminal Procedure, Arrest, Arbitrary Power, Police. Judiciary
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