Wrongful Arrest: A Jurisprudence Conundrum
jurisprudence judiciary beginner case_analysisMeet Rohan, a 25-year-old street vendor who was arrested and jailed for 24 hours under the Police Act, 1861. However, it was later discovered that the arrest was made without a warrant and without any evidence of a crime being committed. Rohan spent the night in custody and was released the next day. The police claimed that they had been "misinformed" about the arrest.
What legal remedy would apply in this scenario? Do we consider this a case of wrongful arrest under Section 219 of the Indian Penal Code (IPC) or under the Protection of Human Rights Act, 1993? Or perhaps it's a matter of police accountability under the Police Act, 1861? Help me out, guys! What's the best course of action for Rohan?
3 Comments
Agar wrong arrest ho toh victim ko compensation milni chahiye, lekin kya procedure follow karne ke liye? IPC 54 ka reference kare ya article 21 ka? Yeh sawal to bahut majboot hai, kyunki wrong arrest ke kaaran victim ko mental aur physical torture ki sambhavna hoti hai. Kya koi case hai jahan supreme court ne wrong arrest ke liye compensation di hai?
Wrongful arrest ek bahut bada issue hai. Article 22 of the Constitution guarantees that no one can be arrested without following due procedure of law. If someone is wrongfully arrested, he/she can move to the High Court for habeas corpus. But the catch is, Supreme Court has set a time limit of 30 days for police to complete the investigation. If police fails to do so, court may order their release.
Arrest ki sahi ya galat hai yeh sochne mein koi problem nahi hai, lekin sahi aadi ki sambhavnaon ko samajhna mushkil hai. Wrongful arrest mein jurisprudence ka kya kaam hai, yeh question hai. Maine padha hai ki jurisprudence wrong arrest ki sahayog ke liye kya karta hai, lekin mujhe lagta hai ki police kis baat par arrest karta hai. Ismein jurisprudence ka kaam sirf theory hai.