Wednesday 1 August 2012

What are remedies for illegal arrest?

 Any arrest without sanction or authority of law can be termed as "Illegal Arrest".
 The following may be the consequences of illegal arrest:
 a) An illegal arrest and confinement of a person is punishable u/s.342 IPC. b) Keeping in confinement with knowledge of illegality of arrest and abuse of power of arrest corruptly or maliciously is punishable u/s.220 IPC. c) A police officer who makes a wrong arrest under bonafide mistake would be protected u/s.79 IPC.
Remedy against illegal arrest:

 a) Resistance or obstruction to illegal arrest does not amount to an offence. The right to resist illegal arrest may extend to causing injury in the exercise of right of private defence but such right is not available when the arresting officer is acting in good faith under colour of his office. (Sec.99 IPC). However, when the arrest is lawful, intentional obstruction or resistance thereto constitutes an offence u/s.224 IPC. b) A civil suit for damages may be instituted against the arresting officer for illegal arrest, false imprisonment, malafide arrest, illegal confinement etc. after giving notice to the Government and the concerned officer u/s.80 of Code of Civil Procedure. c) A writ of habeas carpus can be filed either in the Supreme Court under Art.32 or in the High Court under Art.226 of the Constitution for release of the person illegally arrested or detained in custody by any authority.2)In view of ratio laid down by Hon'ble Supreme Court in the case of State of Punjab Vs. Balbir Singh 1994 AIR 1872 Supreme Court trial will be vitiated if there is non compliance of statutory mandate or arrest.

3) If there is complaint of ill-treatment to accused magistrate shall report these fact to Sessions Court and Sessions Court shall direct Magisterial inquiry into such complaint.

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