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Analysis Study Research Paper | Law | India | Volume 14 Issue 3, March 2025 | Popularity: 4.5 / 10
Comparative Assessment of Arrest Provisions Vis-A-Vis Bharatiya Nagarik Suraksha Sanhita 2023
Sukhmeet Kaur Sohal
Abstract: As the world's largest democracy, India enshrines the freedom of personal liberty in Article 21, empowering individuals to live with dignity. This fundamental right guarantees that no one can be deprived of their freedom or right to life unless dictated by law. The Constitution of India, alongside international covenants, acknowledges the state's authority to arrest as a crucial function in upholding law and order. It explicitly states, ?No person shall be deprived of his life or personal liberty except according to procedure established by law. ? Article 22 (1) ensures that anyone arrested must be promptly informed of the reasons for their arrest and possess the right to consult and be defended by a legal practitioner of their choice. Furthermore, Article 22 (2) mandates that every arrested individual must be presented before the nearest magistrate within twenty-four hours, excluding travel time, and prohibits any detention beyond this timeframe without magistrate approval. This paper seeks to critically analyse the contemporary laws governing arrests and highlight instances of their violation by police authorities. Our focus is to underline the vital role of the police as protectors of individuals' rights. We will explore the pertinent provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 in comparison with the Criminal Procedure Code of 1973, shedding light on the misuse of power and providing insights into the Indian judiciary's role in safeguarding personal liberties.
Keywords: BNSS, Arrest, Warrant, Custody, Detention, Human Rights, Justice
Edition: Volume 14 Issue 3, March 2025
Pages: 1539 - 1546
DOI: https://www.doi.org/10.21275/SR25327142303
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