top of page

Legal And Procedural Aspects Of Arrest In India: An Agenda For Reform




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.

Comments


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Open Access Logo

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.

Disclaimer:

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.

bottom of page