ARREST VIS-À-VIS FUNDAMENTAL RIGHT OF CONSTITUTION OF INDIA: A STUDY

Abstract

An attempt has been made by the research scholar to study the relevant statutory provisions under the Criminal Procedure Code, 1973 for arrest, and for protection and violation of the fundamental rights guaranteed under the Indian Constitution. The researcher has observed some irregularities for the arrest procedure and thereby custody. The police authority sometimes arrests persons unnecessarily to threaten and without following the procedure. After the arrest they inflict the torture to the arrestee. There are number of examples and cases in India. Even the Human rights Reports and other NGOs reports also reveals the same, which needs to be curtailed. The accountability of the police machinery for every arrest must be increased. Therefore the researcher has made an attempt to study the provision of arrest given under the Criminal Procedure Code 1973, and the Fundamental Rights enshrined under the Constitution of India.