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Wrongful Arrest

Implications and Remedies of Wrongful Arrest under BNS & BNSS

Under the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) laws, a person subjected to a wrongful arrest has the right to claim compensation from the individual who filed a false complaint. Legal experts provide effective guidance and support in navigating remedies for wrongful arrest. Assistance is provided to facilitate communication with the concerned parties, if necessary, to ensure justice.

Remedies Available under BNS & BNSS:

1. Habeas Corpus (Writ):
Under BNS, filing a writ of habeas corpus helps challenge unlawful detention and ensures the immediate release of the wrongfully arrested individual. It serves as an essential legal remedy to ensure freedom from illegal detention.

2. Complaint Against Arresting Officer:
A formal complaint can be filed under BNS against the arresting officer if they acted improperly or violated the legal procedures during the arrest, thereby holding authorities accountable for any wrongful actions.

3. Injunction:
Under BNSS, an injunction can be pursued to prevent further harassment or wrongful actions arising from the arrest, ensuring that the wronged individual does not face continued harm due to the unlawful arrest.

4. Lawsuit for Monetary Damages:
A lawsuit for monetary damages can be filed under BNS to seek compensation for emotional, financial, and reputational damage caused by the wrongful arrest. This remedy helps ensure that victims receive justice and recompense for the harm they suffered.

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Description

Overview

In India, the abuse of power by authorities often leads to wrongful arrests, particularly during elections or as retaliation against political opponents. This article highlights the issue of wrongful arrest under the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) laws, the legal provisions available to protect victims, and the remedies for those wrongfully arrested, emphasizing their rights and avenues for redress under these laws.

Wrongful Arrests in India

India follows the principle of “innocent until proven guilty,” placing the burden of proof on the prosecution. Despite constitutional and legal safeguards, wrongful arrests remain a concern, with the National Police Commission reporting that 60% of arrests are unnecessary. Under BNS and BNSS, wrongful arrests occur when statutory procedures are ignored, or when there is no probable cause, violating an individual’s personal liberty. Such arrests must be proven illegal to claim compensatory damages under these laws.

Rights of Arrested Persons under BNS & BNSS

  • Right to be Produced Before a Magistrate: Must be produced within 24 hours of arrest (Article 22, BNS).
  • Right to Be Informed of Arrest Grounds: Police must inform the individual and a nominated person of the reasons for arrest (Sections 50, 75 of BNS and BNSS).
  • Protection Against Wrongful Arrest: Arrests must follow procedures outlined in the Constitution and BNS and BNSS provisions.
  • Right to Privacy and Against Unlawful Search: Searches require a warrant under Article 21 of the BNS and BNSS.
  • Right Against Self-Incrimination: Accused cannot be forced to testify against themselves (Section 161(2) of BNS and BNSS).

Remedies for Wrongful Arrest under BNS & BNSS

Section 358 of the BNS and BNSS allows compensation for individuals wrongfully arrested. If an arrest is found to be groundless, the Magistrate can order compensation of Rs. 100 to the wrongfully arrested person. The complainant who led to the arrest must pay this compensation, which can be recovered as a fine. If the complainant fails to pay, they may face up to 30 days of imprisonment under BNS and BNSS.

Another remedy is the Habeas Corpus writ, which allows individuals to challenge unlawful detention. The Supreme Court (under Article 32 of the Constitution) or High Court (under Article 226) can issue this writ to seek release from illegal detention, as provided in BNS and BNSS.

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  • Zero Stress: No need to worry about paperwork or court procedures—Advocate handles everything for a smooth, hassle-free process under BNS and BNSS.
  • Top-Quality Legal Representation: Receive exceptional legal representation based on experience, practice areas, and client reviews in relation to BNS and BNSS.
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