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Rights of Arrestee and Duties of Arrest

Rights of Arrestee and Duties of Arrest

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By nature human beings are social animals. Without society and company of fellow beings they can not live. As for maintenance and survival of a healthy society discipline and order must be maintained some principles and rules have to be followed by all the members of the society. The rules which are thus recognised and have the sanction of the state can be called laws. The acts in violation of any of such rules of laws may be called crimes. The state mainly performs the task of implementing laws and preventing their violations through the agency of police. The institution of police is a machinery of state for implementing laws, maintaining peace and order in the society by ensuring justice for its each and every member by preventing crimes or acts or omission in violation of law. For this sometimes it has to nab and detain suspicious and anti-social elements. To bring an accused to book with enough evidence is a duty of police. Here comes the mast bitter and unwanted term ‘ARREST. There are many kinds of arrest in legal terminology. But in the popular sense, a detention or restriction of movements of a person by an authority acting with the authority given by law can be called a legal arrest. Here police is the authority to do so in certain circumstances. Those circumstances have been defined by law clearly. Actually a human being can not be arrested as he or she is born free and has his or her birth-right of freedom and more definitely the right to freedom of movement. This right is a natural right and a basic human right which can not be curtailed or infringed. As human rights inhere only in human beings so no animal has been given any of human rights including this right to freedom of movement. When a human being ceases to be a human and his being is possessed by animalist elements he loses his all such rights which are called human rights. Restriction of a person also becomes necessary when his freedom may cause infringement of others freedom. In this way sometimes arrest of a person becomes inevitable. However, arrest is a necessary evil. So when an arrest have to be made it should be made in strict accordance with the law, at least the Constitution of India says so. In the context of India it has to be said that the state of affairs is very sorrowful. The Indian police works still under the colonial Police Act of 1861. With this weapon of mass destruction in its hand the Police strides in a society which is in the extreme verge of explosion as it has been overflowing with corruption and erosion. The transparency International places Police in the first position in the list of bribe-takers in India.
By nature human beings are social animals. Without society and company of fellow beings they can not live. As for maintenance and survival of a healthy society discipline and order must be maintained some principles and rules have to be followed by all the members of the society. The rules which are thus recognised and have the sanction of the state can be called laws. The acts in violation of any of such rules of laws may be called crimes. The state mainly performs the task of implementing laws and preventing their violations through the agency of police. The institution of police is a machinery of state for implementing laws, maintaining peace and order in the society by ensuring justice for its each and every member by preventing crimes or acts or omission in violation of law. For this sometimes it has to nab and detain suspicious and anti-social elements. To bring an accused to book with enough evidence is a duty of police. Here comes the mast bitter and unwanted term ‘ARREST. There are many kinds of arrest in legal terminology. But in the popular sense, a detention or restriction of movements of a person by an authority acting with the authority given by law can be called a legal arrest. Here police is the authority to do so in certain circumstances. Those circumstances have been defined by law clearly. Actually a human being can not be arrested as he or she is born free and has his or her birth-right of freedom and more definitely the right to freedom of movement. This right is a natural right and a basic human right which can not be curtailed or infringed. As human rights inhere only in human beings so no animal has been given any of human rights including this right to freedom of movement. When a human being ceases to be a human and his being is possessed by animalist elements he loses his all such rights which are called human rights. Restriction of a person also becomes necessary when his freedom may cause infringement of others freedom. In this way sometimes arrest of a person becomes inevitable. However, arrest is a necessary evil. So when an arrest have to be made it should be made in strict accordance with the law, at least the Constitution of India says so. In the context of India it has to be said that the state of affairs is very sorrowful. The Indian police works still under the colonial Police Act of 1861. With this weapon of mass destruction in its hand the Police strides in a society which is in the extreme verge of explosion as it has been overflowing with corruption and erosion. The transparency International places Police in the first position in the list of bribe-takers in India.

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Published by: Waliullah Ahmed Laskar on Apr 21, 2009
Copyright:Attribution Non-commercial

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06/14/2009

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By nature human beings are social animals. Without society and company of fellow beings they can not live. As for maintenance and survival of a healthysociety discipline and order must be maintained some principles and ruleshave to be followed by all the members of the society. The rules which arethus recognised and have the sanction of the state can be called laws. Theacts in violation of any of such rules of laws may be called crimes. The statemainly performs the task of implementing laws and preventing theiviolations through the agency of police. The institution of police is amachinery of state for implementing laws, maintaining peace and order inthe society by ensuring justice for its each and every member by preventingcrimes or acts or omission in violation of law. For this sometimes it has tonab and detain suspicious and anti-social elements. To bring an accused to book with enough evidence is a duty of police. Here comes the mast bitter and unwanted term
ARREST
. There are many kinds of arrest in legalterminology. But in the popular sense, a detention or restriction of movements of a person by an authority acting with the authority given bylaw can be called a legal arrest. Here police is the authority to do so incertain circumstances. Those circumstances have been defined by lawclearly. Actually a human being can not be arrested as he or she is born freeand has his or her birth-right of freedom and more definitely the right tofreedom of movement. This right is a natural right and a basic human rightwhich can not be curtailed or infringed. As human rights inhere only inhuman beings so no animal has been given any of human rights includingthis right to freedom of movement. When a human being ceases to be ahuman and his being is possessed by animalist elements he loses his all suchrights which are called human rights. Restriction of a person also becomesnecessary when his freedom may cause infringement of others freedom. Inthis way sometimes arrest of a person becomes inevitable. However, arrest isa necessary evil. So when an arrest have to be made it should be made instrict accordance with the law, at least the Constitution of India says so. Inthe context of India it has to be said that the state of affairs is very sorrowful.The Indian police works still under the colonial Police Act of 1861. With thisweapon of mass destruction in its hand the Police strides in a society whichis in the extreme verge of explosion as it has been overflowing withcorruption and erosion. The transparency International places Police in thefirst position in the list of bribe-takers in India.

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