Relevance: To differentiate between the right to arrest and need to arrest
Synopsis: Supreme Court (SC) mentioned that arrest provision in law does not mean that government can use power indiscriminately to crush the personal liberty
- Recently, the SC has held that merely because the law allows arrest, it doesn’t mean that the State can use the power indiscriminately.
- This ends up crushing the personal liberty provided under Article 21 of the constitution.
- Certain provisions of CrPC like section 170 (presenting accused at the time of filing the charge sheet) should not be construed as a right to arrest.
|Read more: SC: Arrest should not be done as routine|
When does the occasion to arrest arise?
The occasion to arrest can be understood by the following points.
- When custodial investigation becomes necessary.
- When the crime is a heinous crime.
- When there is the possibility of influencing the witnesses or the accused.
What should be done?
- A distinction should be made between the power to arrest and the justification to exercise it.
- If an arrest is made a routine, it can cause incalculable harm to reputation and self-esteem.
- If the accused is cooperating, then there should be no compulsion for the investigating officer to arrest.
There is a need to strike the right balance between thorough investigation and the rights of the accused.
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