Ans :


What is an illegal arrest and what is the remedy against it ?

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.

Back   Top    Forward      Print

Website Designed & hosted by NIC developed by Anand