Regardless of whether a person is a criminal or not, they must always be treated as fellow human beings. Nevertheless, until the accused is found guilty in a court of law, they are presumed innocent. Our democratic culture is characterized by the idea that an accused person's rights are untouchable, even in cases where they are accused of a crime.

Since our statute respects everyone's "personal liberty," it forbids the imprisonment of any individual without the required legal authority. Article 21 of our constitution states that no one may be deprived of their life or personal freedom other than in accordance with the law.

The most significant source of police corruption and extortion is the authority to make arrests. The police have the authority to detain anyone who they believe to be " concerned in that offence " as soon as they file a case based on a valid complaint. This authority can be used in conjunction with other reliable sources of information.

Following the process outlined in Article 21 must be done so in a "right, just, and fair" manner-rather than in an arbitrary, whimsical, or repressive one. It is anticipated that the arrest will be both lawful and warranted. Even the Indian Constitution acknowledges an arrested person's rights under the Fundamental Rights. Thus, the accused enjoys legal rights that have been granted to them.

Arrest

According to Section 41(1) of the Criminal Procedure Code, any police officer may arrest anyone for a variety of crimes without a judge's approval or a warrant. These include people who have committed a crime, are in possession of stolen property, are state offenders, obstruct police officers in the course of their duties, attempt to flee from custody, are declared deserters from any of the Union's armed forces, have been released from prison but have broken their terms of release, etc.

If the individual being detained declines to provide his name and place of abode, a police officer may arrest him for a non-cognizable offense under Section 42.

A private individual, such as yourself and me, is authorized by Section 43 to make an arrest of a person who, while in his presence, commits a cognizable or non-bailable offense or who has been declared an offender. According to section 44(1) of the CrPC, a magistrate has the authority to make an arrest and place someone under custody for committing an offense while they are in their presence.

Section 45 of the CrPC, however, prohibits members of the armed forces from being arrested for whatever they conduct while doing their official duties, unless they first gain the approval of the government.

The process for making an arrest with or without a warrant is described in Section 46 of the CrPC. Except in extraordinary circumstances, where a woman police officer may make an arrest after filing a written report and obtaining prior permission from the concerned judicial magistrate of first class within whose local jurisdiction the offense is committed or the arrest is to be made, Section 46(4) Special Protection as Females prohibits the arrest of women after sunset and before sunrise.

Large number of persons arrested under sections 107 to 110, CrPC
Sections 107 to 110 of the Code of Criminal Procedure belong to still another category. These sections give the Magistrate the authority to call someone to execute a bond to maintain peace or to behave well under the conditions listed therein. These clauses do not provide a police officer the authority to make such an arrest. However, it is also a fact-one supported by the data and statistics mentioned below-that many people are also detained in accordance with these regulations. And while the armed forces is also legally a civil service, we are discussing extensive discretion from a member of that branch rather than from a civil service officer.

Constitutional protection
"No person who is arrested shall be detained in custody without having informed, as soon as maybe, on the grounds for such arrest nor shall he be denied the right to consult and to be defended by a legal practitioner of his choice," states Clause (1) of Article 22 of the Constitution, one of the fundamental rights in Part III.

Article 22's clause (2) states that everyone who is held and arrested must appear before the closest magistrate within 24 hours of the arrest, omitting, of course, the time required for travel from the place of arrest to the magistrate's court. The fifth and final clause states that no such individual may be held in custody for an extended period of time without a magistrate's approval.

However, Article 22's clause (3) states that an enemy-alien or someone who has been detained in accordance with a legislation allowing for preventative detention is exempt from the provisions of sections (1) and (2).

Constitutionality of Section 107 and 151 of CrPC
A police officer may pursue such a person into any location in India in order to make an arrest without a warrant, as specified under Section 48. According to Section 49 of the Code, an apprehended person may not be physically or unnecessarily restrained unless it is necessary to keep them from escaping.

Police officers are authorized by Section 151 to make an arrest without a warrant if they believe a person may have committed a crime that is punishable by law. This is subject to two requirements, though: the suspected offense must be cognizable, and the officer must believe that the suspect's arrest is the only way to stop the offense. Section 107 grants the magistrate equivalent authority.

Misuse of power of arrest
The fact is that the power of arrest is wrongfully and illegally used in many instances across the nation, notwithstanding the protections offered by the Code of Criminal Procedure and the above-mentioned Constitution. This authority is frequently used to demand money and other priceless items, or when the person being detained is the enemy of the person using it.

This authority is used, even in civil cases, when one party's opponent brings false charges against another party in the disagreement. The extensive latitude granted by the CrPC to make an arrest even in cases of bailable offenses-not just in cases where the offense is cognizable, but also in cases where it is not-as well as the additional authority to make preventive arrests-for example, under section 151 of the CrPC and various city police enactments-vest the police with extraordinary power that is readily abused.

With few exceptions, there is no internal system in place at the police department to monitor this kind of exploitation or abuse, and reporting it to higher-ranking officers rarely results in positive outcomes.

Balancing of societal interests and protection of rights of the accused

The extensive latitude granted by the CrPC to make an arrest even in cases of bailable offenses-not just in cases where the offense is cognizable, but also in cases where it is not-as well as the additional authority to make preventive arrests-for example, under section 151 of the CrPC and various city police enactments-vest the police with extraordinary power that is readily abused.

With few exceptions, there is no internal system in place at the police department to monitor this kind of exploitation or abuse, and reporting it to higher-ranking officers rarely results in positive outcomes.

We also need to recognize that the poor are frequently the ones who suffer the most at the hands of the police. They are suspicious just because of their poverty. George Bernard Shaw made a similar statement, although from a different perspective. "Poverty is crime," he declared. However, even the middle class and other wealthy.

People without access to political power brokers are increasingly becoming the focus of police abuses. We understand that striking a balance between the protection of the accused's rights and the society's interest in peace is challenging, but it is necessary.

Written By: Akanksha