Implications And Remedy Of Wrongful Arrest
A person who is arrested wrongfully has the right to claim damages from a person who has filed a false complaint against. Our experts will guide you through the effective remedies of wrongful arrest. If needed, we create an opportunity to communicate with concerned parties.
Remedies Available:
- Habeas Corpus (writ)
- Complaint against arresting officer
- Injunction
- Lawsuit against monetary damages
How Y/our Lawyer helps in the remedy of Wrongful Arrest ?
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
A detailed analysis of your case will be done by an experienced lawyer.
Step 2
You will be able to track your case with a personal account
Step 3
How Y/our Lawyer helps in the remedy of Wrongful Arrest ?
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
Our consultant will discuss the issue over a 24X7 helpline .
Step 1
A detailed analysis of your case will be done by an experienced lawyer.
Step 2
You will be able to track your case with a personal account
Step 3
Overview
Wrongful arrests in India are a concerning issue where the power of authority is sometimes misused or abused. Instances of revenge, reputation damage, and obstacles during elections can lead to false allegations and subsequent wrongful arrests by the authorities.
This article sheds light on the prevalent scenario of wrongful arrests in India and highlights the statutory provisions that aim to safeguard and protect the victims of such arrests. It emphasizes the importance of understanding the rights of arrested individuals in the context of wrongful arrests and underscores the available remedies for the victims.
By providing information and raising awareness about wrongful arrests, this article aims to empower individuals who have been wrongfully arrested and guide them towards seeking appropriate remedies for justice.
What Is Wrongful Arrest
When an individual is held wrongfully against their will or is taken into custody by a legal authority such as a police officer is known as a wrongful arrest.
Wrongful Arrests In India
In India, the principle of ‘innocent until proven guilty’ is upheld, placing the burden of proof on the prosecution to establish the allegations against an individual. The judiciary has the responsibility to protect and uphold basic human rights.
Every individual, including those who are accused or arrested, enjoys certain rights as guaranteed by the Constitution of India. These rights aim to ensure the protection of individuals from criminal liability and safeguard their rights, as they are particularly vulnerable to rights violations. The Code of Criminal Procedure, 1973 (CrPC), and Article 22 of the Constitution of India lay down provisions related to the rights of arrested individuals.
A report by the National Police Commission of India highlighted that approximately 60% of arrests made by police officers are unnecessary and unjustified. It also revealed that police officers often fail to comply with the procedures outlined in the CrPC and the provisions of the Constitution of India during arrests.
A wrongful arrest, also known as an illegal arrest, occurs when there is no probable cause and when statutory procedures are not followed. It involves the unlawful restraint of an individual’s personal liberty or freedom of movement by an authority acting under the guise of the law.
Wrongful or illegal arrests are considered criminal wrongs and may entitle the victim to compensatory damages. However, to claim damages, it is necessary to prove the illegality of the arrest.
Rights Of Arrested Persons
Under the Code of Criminal Procedure, an arrested person in India has the following rights:
- Right to be produced before a Magistrate: Every accused or arrested person has the right to be brought before a Magistrate within 24 hours of their arrest. This should be done without any unnecessary delay, and the police officer who executed the arrest warrant is responsible for producing the arrested person before the appropriate Magistrate. This right is also protected under Article 22 of the Constitution of India, which prohibits unlawful detention without informing the individual about the grounds of arrest.
- Right to be informed about grounds of arrest: Section 50 and 75 of the Code of Criminal Procedure mandate that the police have a duty to inform the person being arrested about the grounds of their arrest. The arrested person must be informed of the particulars of the offense for which the allegations have been made against them. The police officer is also required to inform a nominated person about the arrest of the individual.
- Right against wrongful arrest: No person can be held or taken into custody by a police officer in violation of the law. Wrongful arrest occurs when a police officer deviates from the procedures outlined in the Code of Criminal Procedure and the Constitution of India by making an arrest without reasonable grounds or probable cause.
- Right to privacy and protection against unlawful search: Article 21 of the Constitution of India guarantees the right to life and personal liberty, which includes protection against unlawful searches. A warrant is required to search the residence of an arrested person. Therefore, an arrested person also has the right to be free from unlawful searches.
- Right against self-incrimination: An accused person has the right to remain silent and not answer questions that may incriminate them. Section 161(2) of the Code of Criminal Procedure states that an accused person is not obliged to answer questions that may go against them. The accused cannot be forced to become a witness against themselves.
- Other rights of arrested persons: These include the right to remain silent, the right against double jeopardy (being tried twice for the same offense), the right to seek bail, the right to legal aid, and the right to consult a legal practitioner of their choice.
It is important to note that these rights are subject to the specific provisions and limitations outlined in the Code of Criminal Procedure and other relevant laws. Seeking legal advice from a qualified professional is advisable to understand and exercise these rights effectively.
Remedy For Wrongful Arrest
Section 358 of the Code of Criminal Procedure, 1973 provides for compensation to persons who are wrongfully arrested without any grounds. If a person’s complaint leads to the arrest of another person, and it is found that the arrest was groundless or without sufficient reason, the Magistrate has the authority to award compensation to the arrested person. The person who made the complaint, which resulted in the wrongful arrest, is required to pay compensation of Rs100. The compensation amount is treated as a fine, and failure to pay it can lead to a 30-day imprisonment sentence imposed by the Magistrate.
Another remedy for release from unlawful or illegal detention is the writ of Habeas Corpus. This writ can be issued by the Supreme Court under Article 32 of the Constitution of India or by the High Court under Article 226. It is a legal recourse to challenge the legality of a person’s detention and seek their release.
In certain circumstances, an individual may use reasonable force to defend themselves against an unlawful arrest. The force used should be minimal and necessary to protect oneself in the given situation. However, using excessive force beyond what is required may result in the innocent individual being held liable for their actions. It is important to exercise caution and seek legal advice in such situations.
Please note that the information provided is based on the Code of Criminal Procedure and the Constitution of India, and seeking legal counsel is recommended for specific cases and circumstances.