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Report No. 152

Chapter 5


5.1. Introduction.-

The law of arrest which, at one time, was regarded as a very simple subject, has proved to be a difficult and thorny one for a variety of reasons. Political events of the last half a century throughout the world have lent an added emphasis to the need to observe certain principles in formulating the law of arrest and in administering the law. International covenants on the subject and developments in the sphere of human rights no longer permit one to sit quiet and take the view the everything is well with the law of arrest.

Added to this, is the apprehension, often expressed from various quarters, that, on some occasions arrests are made without reasonable cause, or are being made in a manner contrary to the intendment of the law. In India, (as in other countries), the constitutional mandate against the deprivation of a person's personal liberty except according to procedure established by law, naturally increases theoretical and practical importance of a discussion of the subject. Moreover, the vital and essential connection of the concept and procedure of arrest with the cherished personal liberty of the citizen must obviously make it a matter of perennial anxiety and concern for the wise law-giver as well as for the judge.

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