Assistant Professor, INMANTEC Institutions, Ghaziabad, Uttar Pradesh, India
Online Published on 18 October, 2023.
When an individual gets arrested by the police for being accused of a crime, it does not mean all his/her rights have been seized to exist. There are certain rights an individual has which protect him from the arbitrary powers of state during the arrest because most of the time it is witnessed that many people suffered from the brutal treatment of arresting authority and we have so many historical judgments delivered by honorable apex court where we have witnessed the arbitrary tyranny of the police. After acknowledging these brutalities practiced by the police in different matters the apex court has given some directions which should be followed by the arresting authority while arresting an accused on the accusation of any crime. We have witnessed so many incidents when police act beyond their power while arresting a person, sometimes an arrest of an individual or lodging a false F.I.R. takes place under the influence of some political leaders, as recently witnessed in the matter of Vinod Dua (A Renowned Padamshree Awardee Journalist). In that case, the apex court beautifully stated that it is the work of the concerned authority before arresting a person that he/she has enough grounds to arrest someone and must not act under the influence of any political leader or party.
Police, Arresting Authority/Officer, Accused, Guidelines, Apex Court/Supreme Court, Judgement, Rights, Indian Constitution, Landmark Case