CAN COMPENSATION BE AWARDED FOR UNCONSTITUTIONAL ARREST?

CAN COMPENSATION BE AWARDED FOR UNCONSTITUTIONAL ARREST? Constitutional Remedies, Police Accountability and the Right to Personal Liberty Introduction The power of arrest is one of the most significant powers exercised by law enforcement authorities. However, this power is not absolute and must operate within the constitutional framework of India. An arrest that disregards established legal procedures, violates fundamental rights or results in unlawful detention may amount to an infringement of the constitutional guarantee of personal liberty. The Constitution of India recognises the right to life and personal liberty under Article 21 and provides specific safeguards against arbitrary arrest and detention under Article 22. These...

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