No matter how big the crime is, every accused that is facing a trial in jail has got certain human right. The accused cannot be mistreated in an inhuman manner just because he has committed a crime. Every individual has the dignity to lead a proper life even if it is in custody. The Universal Declaration of Human Rights of 1948 was made by the General Assembly which speaks upon all the member countries to propagate the idea of liberty, security and lives of people.
Most of the complaints of physical harm usually come from the places where the police misuse the powers especially in case of arresting people. Thus it is very much required to bridge the gap and issue the guidelines of arresting an individual at the same time keeping the law and order and powers of the police intact for a better investigation and law enforcement. In order to develop it is very much important for the formation of an independent society. However, freedom cannot be exercised if there are certain barriers put over it. Though providing full freedom also might lead in to disorder and mayhem, hence a proper balance is required to be maintained.
In India the general scenario is that a police arrests an accused person whenever there is a reporting of incident of offence. Often preliminary investigation is not even conducted and without any evidence the accused is considered as guilty. Thus an arrest made while doing an investigation of a case can be justified under the following points. They are as follows:
- The accused often commits offences and if not taken into custody the accused will keep committing crimes.
- The accused is liable to escape and avoid the procedure of law.
- The accused has committed serious crime like killing, molestation or robbery and should be arrested to keep the situation under control and provide relief to the victims.
- The accused is violent and can commit more such crimes if allowed to roam freely.
To sum up the issue it can be stated that the most striking attribute of a cultured society is freedom. Whenever a criminal law is being enforced, one thing should be kept in mind that it is being enforced in a free and fair manner.
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