Shreya Sharma, Symbiosis Law School, Hyderabad
INTRODUCTION
The word "Arrest" connotes being deprived of one's freedom by actual or presumed legal authority.As a result, upon an arrest, the arresting officer has control over the subject's freedom. The primary goal of knowing the arrest process is to prevent the public from being inconvenienced by law enforcement and other parties.None of the major statutes, including the CrPC, define the term "arrest". When used in its common and authentic sense, the word "arrest" refers to the suspicion or limitation of someone's freedom. In India, the process of making an arrest is governed by the CrPC. It covers the whole procedure of finding out about someone who has broken the law. Sections 41 through 60 of the Fifth Chapter of the CrPC, 1973 address an individual's arrest.
Regardless matter whether a person is a criminal or not, they must always be regarded as fellow human beings. Nevertheless, unless the accused is found guilty in a court of law, they are presumed innocent. Since our legislation respects everyone's "personal liberty," it forbids the imprisonment of any individual without the required legal authority. Article 211 of our constitution states that no one may be deprived of their life or personal freedom other than in accordance with the law. Although Article 21 guarantees people's life and personal freedoms, it also makes it abundantly evident that a legally permitted procedure may infringe upon this fundamentally important right. Thus, Article 21 has both a positive and a bad component, as stated in the 177th Law Commission Report2 on the Laws Relating to Arrest. In order to protect everyone's right to privacy and to maintain social order, a clear mechanism for making arrests must exist.
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