Irrational Arrest Gross Violation of Human Rights

• 22 Jun 2024

Why in News?

Recently, the Allahabad high court approved anticipatory bail for an individual charged under the Cow Slaughter Act, 1955 at Lanka police station in Varanasi.

• The court observed that irrational and indiscriminate arrest was a gross violation of human rights.

Key Points

• The courts have emphasized that arresting individuals should be a last resort for the police, only done in exceptional circumstances when it is absolutely necessary for interrogation.
  • Making unfounded and arbitrary arrests constitutes serious human rights violations.

Anticipatory Bail (Pre-arrest Bail)

• It is a legal provision that allows an accused person to apply for bail before being arrested.
• In India, pre-arrest bail is granted under section 438 of the Code of Criminal Procedure, 1973. It is issued only by the Sessions Court and High Court.
• The provision of pre-arrest bail is discretionary, and the court may grant bail after considering the nature and gravity of the offence, the antecedents of the accused, and other relevant factors.
• The court may also impose certain conditions while granting bail, such as surrendering the passport, refraining from leaving the country, or reporting to the police station regularly.