Rights of Arrested Persons in India: A Constitutional, Statutory and Judicial Analysis

Author(s)	Divya Jain, Dr. Suman Paliwal
Country	India
Abstract	The power of arrest is among the most coercive instruments available to the State. While necessary for the maintenance of law and order, it directly interferes with personal liberty, dignity, and autonomy. In India, constitutional safeguards under Articles 20, 21, and 22 of the Constitution, coupled with statutory protections under the Code of Criminal Procedure, 1973 (CrPC), provide a comprehensive framework to regulate arrest. Judicial interpretation has significantly expanded these protections, transforming procedural guarantees into substantive rights rooted in human dignity. This paper undertakes a detailed academic examination of the rights of arrested persons in India, analysing constitutional provisions, statutory safeguards, and leading Supreme Court jurisprudence. It argues that although India possesses a strong normative framework, effective enforcement and institutional accountability remain critical challenges.
Published In	Volume 8, Issue 1, January-February 2026
Published On	2026-02-24
DOI	https://doi.org/10.36948/ijfmr.2026.v08i01.69741

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