Arrest Powers of the State

B. Uma Devi

in Arrest, Detention, and Criminal Justice System

Published in print March 2012 | ISBN: 9780198075998
Published online September 2012 | e-ISBN: 9780199080953 | DOI:
Arrest Powers of the State

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This chapter discusses the arrest powers of the state and the constitutional parameters. Under Criminal Procedure Code (CrPC), powers to arrest are given to police force, to magistrates and, to a limited extent, even to private persons. Regardless of the adherence to the constitutionally and statutorily proclaimed procedural safeguards, arrest per se should be on constitutionally permissible grounds. Powers to arrest should be exercised only when, as the Supreme Court puts it, there is a ‘justification’ for the exercise of it. The amendments made to the 1973 code are, indeed, a step in the right direction taken by the power-holders after long years of persuasive deliberations and enlightened actions of various experts in legal and social fields.

Keywords: arrest; constitutional parameters; police; custody; CrPC; Supreme Court

Chapter.  4270 words. 

Subjects: Human Rights and Immigration

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