A STUDY ON ARREST: IN THE CONTEXT OF LEGISLATIVE PROVISIONS AND JUDICIAL ATTITUDE

Abstract

Arrest is the process of removing a person's many liberties, including personal liberty. The arrest is made solely to bring the accused before a court or other officer of the law. When making an arrest, it is important to use no unnecessary force and to inform the accused that he is being arrested. The accused person may be apprehended by a police officer, an executive or judicial magistrate, or a private individual. Under specific circumstances, military and paramilitary forces may arrest a person under special laws. Arrests in India are routine, and as such, they violate an individual's basic freedoms. Arrests, then, must be made in exceptional instances in accordance with the terms of the law. As a result, it is critical to understand when an accused individual can be arrested. Furthermore, it has to be examined if the Arresting Authority followed proper legal procedures when making the arrest. As a result, an investigation must be done into the use and misuse of arrest law, as well as the consequences and remedial actions available to an accused who has been wrongfully arrested. Therefore, an enquiry is required to be conducted to find out as to whether the provisions of arrest are being adhered to strictly or not by the courts of law. Hence the researcher has titled his study "A study on arrest: in the context of legislative provisions and judicial attitude".