» Arrest of an Accused: Not a must in every Cognisable Case

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Arrest of an Accused: Not a must in every Cognisable Case www.lawyersclubindia.com/articles/Arrest-of-an-Accused-Not-a-must-in-every-Cognisable-Case-8172.asp

The issue that this article discusses is whether registration of a First Information Report (FIR) against an accused needs to be followed by his/her imminent arrest. Even if an FIR is lodged arrest is not a prerequisite. In Lalithakumari case, the Supreme Court unequivocally declared the parameters of registering an FIR removing every trace of doubt. Similarly a verdict from the Supreme Court for re-examining the laws relating to arrest is urgently needed. Unnecessary arrests and pre-trial detention in many a case go against the constitution and the rule of law itself. 

 

 

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