Arrest by Police: Circumspection or Usurpation of Power

Adyasha Mishra
University Law College, Utkal University
Abinash Das
LL.M. Student, P. G. Department of Law, Utkal University

Volume III, Issue III, 2020

The flagrant violation of arrest & detention guidelines in consonance with the whimsical actions of police personnel is almost as popular as are the fanciful ways adopted for arresting an individual even before a proper plausible case appears to be made out. What surfaces at later stages of the investigation and trial are instances of gross lapses and unreasonableness in curtailing of individual liberty thereby often accelerating public dismay at the functioning of the authorities. Usurpation of this power not only causes humiliation to the individual but also adds to the increasing number of petty disposals at the courts and acts lesser effective in cases of evasions and encountered arrests. In the midst of the ongoing pandemic, the numerous instances of frivolous cases of arrest registered against innocent migrants have been condemned and called out by the Apex court. In light of the alarming rise in such actions, the authors of the paper seek to address this legal premise and sensitize about the judicious use of the power so entrusted to the authorities.

Keywords: Whimsical actions; evasions; encounter arrest; Public dismay; frivolous cases


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