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Critical Analysis Of Arrest By Police Without Warrant & Its Misuse In India




Sakshi Singh, Narsee Monjee Institute Of Management Studies, Navi Mumbai


ABSTRACT


The arrest of a person without warrant is one such topic that has been debated many times because it has paved way to massive misuse of power without creating proper channels to protect the rights of the person being arrested that is based on suspicion and not on criminal conviction that leads to violation of their fundamental rights before the trial starts. Thus, this paper has attempted to discuss this topic which is given under Chapter Five of The Code of Criminal Procedure, 1973. The paper has further included the meaning and procedure of arresting a person along with its misuses and finally some suggestions which we will understand with the help of few leading case laws.

Keywords: Arrest, Arrest without a warrant, Misuse by police officers.

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Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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