Nikaiah Maria Fonseca Da Silva, B.A. LL.B., Symbiosis Law School, Hyderabad
ABSTRACT
“The Code of Criminal Procedure”, often known as the “Criminal Procedure Code (CrPC)”1, was India's primary statute governing the procedural aspects of substantive criminal law. It was enacted in “1973 and became effective on April 1, 1974”. It offers a structure for inquiring into crimes, catching suspected criminals, obtaining evidence, deciding whether an accused person is guilty or innocent, and punishing the guilty. An arrest is when someone is detained for suspected criminal activity. It occurs when a person gets arrested for committing a crime. Following an arrest, other procedures, such as interrogation and investigation, are implemented. It is part of the criminal justice system. When someone is arrested, the rightful authorities take them into physical custody. Arrest is one of the most essential issues in the Criminal Justice System since it serves as a tool for those accused of crimes. It aims to prevent misbehavior in society. It is intended to induce dread in people that if they do something wrong, their movements will be restricted to four walls and extremely minimum amenities. Arrest removes a person's most valuable asset i.e. his freedom. In the present paper, the ongoing procedure for arrest as stated in the various provisions of the “Criminal Procedure Code of India” shall be critically analyzed concerning the arrest method in India, arrested persons' rights, and the possibility of revising or amending existing law.
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