What protection is given by law when a man is illegally arrested or detained?
In Jogindar Kumar v. State of Uttar Pradesh, the Apex Court has issued directions regarding arrest. Arrest can cause incalculable harm to person’s reputation and self esteem. The court held that a person is not liable to be arrested merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the police officer affecting the arrest that such arrest was necessary and justified. The Supreme Court in this case has observed that the arrested person has a right, upon request, to have someone informed and to consult privately with a lawyer. These rights are inherent in Articles 21 and 22 (2) of the Indian Constitution. The Court has directed that these rights of the arrestee be “recognized and scrupulously protected”.