TESTING ARREST PROVISIONS IN INDIA AGAINST THE TOUCHSTONE OF HUMAN RIGHTS: A CRITICAL LEGAL STUDY

Abstract

Arrest and detention are among the most coercive powers exercised by the State, directly impacting an individual’s liberty and dignity. This article critically analyses the legal framework and procedural safeguards governing arrest in India, with a focus on the reforms introduced by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. It examines statutory provisions, constitutional guarantees, and Supreme Court jurisprudence alongside comparative insights from the United Kingdom and the United States. The study identifies persistent gaps in compliance, including failure to inform arrestees of their rights, improper documentation, misuse of discretion, and inadequate oversight mechanisms. Drawing on international human rights standards, particularly the necessity to prevent arbitrary detention, the article evaluates the role of technology, judicial monitoring, and institutional training in ensuring transparency and accountability. It argues for a rights-centred approach to arrest that balances public order with individual freedoms, proposing targeted reforms to close the gap between law on paper and law in practice.