Judicial Analysis of the Constitutional and Procedural Safeguards against Arbitrary Arrest and Detention

Abstract

Right to life under Article 21 of the Indian Constitution has been accorded a paramount status by the judiciary. Article 21 and 22 of the Constitution envisages detailed safeguards against arbitrary arrest and detention. The judiciary, in a series of cases, has examined at length these safeguards in the larger context of the power of the executive to apprehend persons who are suspected of having committed crimes. This paper makes an in depth analysis of the judicial pronouncements relating to the power of the executive to arrest. The paper also analyses the amendments made in the year 2008 to the Criminal Procedure Code 1973. The concept of compensatory jurisprudence laid down by the Supreme Court in cases of arbitrary deprivation of life and liberty under Article 21 of the Constitution is also assayed.