Draft Arrest Policy for India

  • Aayush Chhabriya
  • Show Author Details
  • Aayush Chhabriya

    Student at Symbiosis Law School, Hyderabad, India

  • img Download Full Paper


This paper looks at the idea of an arrest, the processes that go into it, and the rights that an arrested person has. First of all, it describes arrest as the process of apprehending and securing a person, so robbing them of their autonomy and freedom of movement. The paper then explores the arrest procedures specified in the Criminal Procedure Code of 1973, including warrantless and warranted arrests. Arrests without a warrant are only made for crimes that are considered to be more serious than non-cognizable offences, which are generally considered to be less serious transgressions. The report also goes into detail about the rights that are accorded to the person who has been arrested, including the right to legal representation, the right to know why they were detained, and the right to appear before a magistrate as soon as possible. Guidelines for arrest procedures and the rights of the arrested person have been established by a number of case laws. Critiques of this procedure have been made, nevertheless, especially in relation to India's corruption and related malpractices, which can make it more difficult to detain people legally and protect their rights.


Research Paper


International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 1677 - 1684

DOI: https://doij.org/10.10000/IJLMH.117643

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


Copyright © IJLMH 2021