This article is written by Srushti Bule, a Student of Fourth year, B.A.LL. B (Hons.) at Prestige Institute of Management & Research, Dept. of Law, Indore (M.P)

Meaning and Purpose of Arrest

Arrest is an essential action taken by law enforcement in reaction to suspected criminal activity. It is an important tool for upholding justice, preserving law and order, and defending societal interests. Arrest is not defined in the criminal procedure code. Arrest is an act of restraining a person i.e. depriving a person of his own will & liberty, making an individual obey or follow the law. It is an apprehension of one person by the legal authority which results in deprivation of his own liberty. The same was stated in the case of R.R. Chari v. State of Uttar Pradesh (1951) and in the case of Roshan Beevi v. Joint Secretary to the Government of Tamil Nadu (1976).

The purpose of arresting a person under the criminal procedure code is to serve multiple functions that carry various objectives of maintaining law and order, safeguarding social interests, and providing justice to the public. Some of the purposes include;

1. Preventing Escape: Arrest keeps people who are being investigated for crimes from leaving the country, which guarantees their presence in court
2. Encouraging Investigation: By enabling investigators to speak with suspects, obtain information, and ascertain the real motive for committing the offense, arrests can encourage the investigation process.
3. Evidence Preservation: By arresting suspects, law enforcement can obtain necessary proof connected to the alleged offense. This could include tangible proof, witness accounts, or other significant data that is essential to the prosecution's case.
4. Suspect Apprehension: Arrest enables law enforcement to hold people who they believe to be suspects of crime. This is essential to preventing further damage to society and making the investigation process easier.
5. Ensuring adherence to Court Orders: Arrest guarantees that those facing legal action follow court directions and orders, such as showing up for hearings and trials before judicial authorities. 

Rights of the arrested person

According to the Constitution of India and the Criminal Procedure Code,1973(Now, Bharatiya Nagarik Suraksha Sanhita, 2023) certain rights are given to the person who are arrested. It is presumed in the law that a person is innocent until and unless he is proven guilty in a court of law. Till the time he is not proven guilty he must be treated respectfully with dignity and humanity. Certain rights given to the arrested person are:

1.     The right to be informed

The right to be informed is a precious right which has been recognised by the Constitution of India as one of the fundamental rights. Without any delay, the grounds of the person’s arrest must be communicated to him the moment he is being arrested. The arrested person on being brought to the police station shall have the right to inform about the arrest to family or friend. The same is mentioned in the Bharatiya Nagarik Suraksha Sanhita,2023 in sections 47 and 48. As stated in Jogindar Kumar v. State of U.P. and D.K. Basu v. State of West Bengal (1997), section 50 of the CrPC, the police officer is not only obligatory on his part to inform the family or friend but also to make an entry in a book maintained by the station. 

2.     The right to be released on bail

Section 47(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 states that if the accused has committed a non-bailable offence then every police officer arresting without the warrant is entitled to be released on bail and one may arrange for sureties on his behalf. In Uday Mohanlal Acharya v. State of Maharashtra (2001), the court granted the accused default bail since the police had not collected evidence against him by the time limit specified in Section 167 of the Code of Criminal Procedure,1973.

3.     The right to be taken before the Magistrate within 24 hours

In every case of arrest, whether it is made with a warrant or without a warrant, the person arresting is required to present the accused before the Magistrate without any unnecessary delay and within 24 hours of the arrest according to section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The time taken for travelling from the place of arrest to the Magistrate’s court is excluded from the time frame.

4.     The right to consult a legal practitioner

This right begins from the very moment of the arrest. Article 22(2) of the Indian Constitution and Section 41D of the CrPC (Now S. 38 of The Bharatiya Nagarik Suraksha Sanhita, 2023) gives this right of consulting an advocate of his own choice during the process of the interrogation but not throughout the procedure. Consultation with the lawyer must be conducted in the presence of the police officer.

5.     Right to free legal aid to the indigent person

It is an obligation of the states, by the Supreme Court, to provide free legal aid to the arrested indigent person. According to Article 39A of the Constitution of India, the state should provide free legal services to economically backward people to ensure justice to every citizen of the country. In Hussainara Khatoon v. State of Bihar (1979), the court held, that if the person cannot afford the legal services, then it must be funded by the state for the legal assistance.

6.     The right to be examined by a medical practitioner

Section 54(1) of the CrPC (Now §53 of The Bharatiya Nagarik Suraksha Sanhita, 2023), guarantees the accused the right to undergo an extensive physical examination. This investigation may be used by the accused to challenge the allegations made against him or to obtain proof that another person committed the crime instead of him. However, it can only take place with permission from the magistrate. Where the arrested person is a female, the examination of the body shall be only made by or under the presence of a female medical officer or any female registered medical practitioner. 

Conclusion

Arrests play a crucial role in maintaining law and order, facilitating justice, and safeguarding societal interests. However, it is imperative that the process respects and upholds the fundamental rights of the individuals involved. The Indian legal framework, as outlined in the Constitution and the Criminal Procedure Code (now the Bharatiya Nagarik Suraksha Sanhita, 2023), ensures several protections for those arrested, reflecting the principle that every person is presumed innocent until proven guilty.

These rights, including the right to be informed, the right to legal representation, and the right to be presented before a magistrate within 24 hours, are essential to maintaining the balance between effective law enforcement and the protection of individual liberties. They serve not only to prevent abuse of power but also to promote transparency and fairness within the criminal justice system.

Understanding these rights is critical for both law enforcement officials and the public. It ensures that the process of arrest is conducted within the bounds of the law and that individuals are treated with dignity and respect throughout. By adhering to these legal safeguards, India reinforces its commitment to justice, human rights, and the rule of law.

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