( ISSN 2277 - 9809 (online) ISSN 2348 - 9359 (Print) ) New DOI : 10.32804/IRJMSH

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LAW RELATING TO ARREST IN INDIA AND ITS MISUSE

    1 Author(s):  SAHIL KUMAR

Vol -  4, Issue- 3 ,         Page(s) : 550 - 557  (2013 ) DOI : https://doi.org/10.32804/IRJMSH

Abstract

Arrest in criminal jurisprudence signifies the detention of a person under the authority of law in connection with an alleged or expected violation of the law. Police officers area entrusted with wide powers of arrest under different circumstances, so are several other classes of officers who are entrusted with the enforcement of penal enactments. Magistrates have powers of arrest in certain circumstances and even private persons have the power to arrest in extraordinary circumstances. But the power to arrest has to be exercised with intelligent discretion and caution. More over, arrest is undoubtedly a serious interference with fundamental right of the personal liberty of the citizen, which includes an arrestee or an accused, guaranteed under Articles 21 and 22 of the Constitution of India and it has to be strictly in accordance with the law, so as to be escaped the arresting authority from the punishment.

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