The Constitution of India guarantees every citizen the right to life and personal liberty. Yet, instances of unlawful arrest in India continue to raise serious concerns about misuse of police powers, violation of human rights, and denial of due process. The recent Supreme Court ruling in the Newsclick case reaffirmed that arresting a person without valid grounds and without properly informing them of the reasons is unconstitutional.
In this blog by Law ki Baat, we will break down what is unlawful arrest in India, explore the Supreme Court judgment on unlawful arrest, analyze the role of Article 21 and Article 22 of the Indian Constitution, understand citizens’ rights during arrest in India, and discuss how courts have repeatedly emphasized that arbitrary detention cannot be tolerated in a constitutional democracy.
What is Unlawful Arrest in India?
Unlawful arrest in India refers to the act of detaining or taking a person into custody by the police or other law enforcement agencies without legal justification, due process, or proper compliance with constitutional safeguards.
For an arrest to be lawful, certain conditions must be satisfied:
- The police must have valid grounds of arrest under the Code of Criminal Procedure (CrPC) or special laws.
- The person arrested must be informed of the reasons for arrest at the time of arrest or immediately thereafter.
- The arrested person must be produced before a magistrate within 24 hours.
- The arrest must not violate Article 21 and Article 22 of the Indian Constitution, which guarantee personal liberty and procedural safeguards.
If these conditions are not met, the arrest becomes unlawful. Such arbitrary detention amounts to a violation of fundamental rights in India and is liable to be struck down by courts.
Supreme Court Judgment on Unlawful Arrest
The Supreme Court judgment on unlawful arrest in the Prabir Purkayastha vs State (Newsclick case) made it clear that constitutional rights cannot be sacrificed, even in cases involving serious allegations like terrorism.
- In this case, Purkayastha, the founder of Newsclick, was arrested under the UAPA (Unlawful Activities Prevention Act).
- The police failed to provide written grounds of arrest and did not properly inform his lawyer of the charges.
- The remand proceedings were completed in a manner that undermined judicial scrutiny, as the remand application was signed before Purkayastha was even presented.
The Supreme Court ruling in the Newsclick case set aside his arrest, stating that the Article 22 rights of arrested persons are non-negotiable. The Court reiterated that due process of law is the backbone of a democratic legal system, and any violation of constitutional safeguards makes the arrest unlawful.
This judgment reaffirms that unlawful detention in India will not be tolerated, even under special laws like UAPA.
Rights During Arrest in India
Every citizen must know their rights during arrest in India, as ignorance often leads to abuse of power. These rights are derived from both the Constitution and the Criminal Procedure Code (CrPC).
- Right to be informed of grounds of arrest (Article 22(1), CrPC Section 50).
- Right to consult a legal practitioner of choice.
- Right to be produced before a magistrate within 24 hours of arrest.
- Right against arbitrary detention, guaranteed under Article 21.
- Right to remain silent, which is part of protection against self-incrimination under Article 20(3).
- Right to medical examination, ensuring protection from custodial torture.
- Right to inform relatives or friends about the arrest.
These human rights and arrest laws are recognized globally, but in India, they hold special significance because of repeated misuse of police powers.
Can Police Arrest Without Reason in India?
One of the biggest citizen concerns is: can police arrest without reason in India?
The answer is no. Police cannot legally arrest a person without informing them of the reasons for arrest. This is mandated by both:
- Article 22(1) of the Constitution – requires communication of grounds of arrest.
- Section 50 of the CrPC – requires the police officer to inform the person about the grounds and right to bail (if applicable).
If police arrest without reason or fail to provide the grounds of arrest, such arrest amounts to unlawful detention in India and can be challenged in court.
Article 22 Rights of Arrested Person
The Article 22 rights of arrested person form the backbone of procedural fairness:
- Right to be informed of the reasons for arrest.
- Right to consult and be defended by a lawyer of choice.
- Right to be produced before a magistrate within 24 hours.
- Protection from detention beyond 24 hours without judicial approval.
These safeguards apply to ordinary criminal law. Preventive detention laws provide exceptions, but even then, courts have clarified that procedural requirements must be strictly followed.
UAPA Unlawful Arrest Case in India
The UAPA unlawful arrest case in India highlights how stringent anti-terror laws are often misused.
In the Newsclick case, the police invoked UAPA provisions but failed to follow the due process of law. The Supreme Court ruling in the Newsclick case confirmed that even under UAPA, the Constitution requires authorities to provide clear and written grounds of arrest.
Thus, while UAPA empowers the police, it cannot override constitutional guarantees of personal liberty under Constitution.
Arbitrary Detention and Fundamental Rights in India
Arbitrary detention occurs when a person is arrested or held without lawful basis. In India, such detention directly violates fundamental rights:
- Article 21: No person shall be deprived of life or liberty except according to procedure established by law.
- Article 22: Provides safeguards against arbitrary arrest and detention.
The Supreme Court judgment on unlawful arrest strengthens the principle that arbitrary detention is unconstitutional. Courts have consistently struck down detentions where police powers and limitations were exceeded.
Article 21 and Article 22 of Indian Constitution
Both Article 21 and Article 22 of the Indian Constitution play a crucial role in preventing unlawful arrest in India:
- Article 21 ensures personal liberty under Constitution and mandates that any deprivation must follow fair, just, and reasonable procedure.
- Article 22 lays down specific rights of arrested and detained persons.
Together, they establish that due process of law is not a mere formality but a constitutional command.
Grounds of Arrest and Remand Proceedings
Two critical areas in preventing unlawful detention in India are grounds of arrest and remand proceedings.
- Grounds of Arrest: Police must clearly specify the legal basis and alleged offence. Failure to do so violates Article 22 rights of arrested person.
- Remand Proceedings: Courts must carefully examine whether an arrest is lawful before granting police or judicial custody. In the Newsclick case, remand proceedings were flawed, showing how procedural lapses can invalidate an arrest.
Due Process of Law and Police Powers
The Indian Constitution ensures that police powers and limitations are subject to due process of law.
- Police cannot act arbitrarily.
- Arrests must follow CrPC guidelines.
- Any misuse of preventive detention or special laws can be struck down by courts.
The balance between law enforcement powers and citizen rights is delicate. But as the Supreme Court ruling on unlawful arrest in India shows, when this balance tilts towards abuse, courts act as guardians of liberty.
Human Rights and Arrest Laws
Human rights and arrest laws are central to ensuring that the criminal justice system remains fair. International covenants like the Universal Declaration of Human Rights (Article 9) and the International Covenant on Civil and Political Rights (Article 9) prohibit arbitrary arrest and detention.
India, as a signatory, has incorporated these principles into its Constitution. Thus, unlawful arrest in India not only violates domestic law but also breaches international commitments.
Conclusion
The Supreme Court judgment on unlawful arrest has once again emphasized that unlawful arrest in India cannot be justified, even under stringent anti-terror laws. Citizens must know their rights during arrest in India, including protection against arbitrary detention, the importance of grounds of arrest, and safeguards in remand proceedings.
The guiding principles of Article 21 and Article 22 of the Indian Constitution, the requirement of due process of law, and recognition of personal liberty under Constitution form the backbone of Indian democracy.
At Law ki Baat, we believe awareness is the first step toward protection. If you or someone you know faces unlawful detention in India, remember that the law is on your side, and courts have consistently protected individual liberty against misuse of police powers.
