Uttar Pradesh State PCS

• 22 Jun 2024

Irrational Arrest Gross Violation of Human Rights

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.