Excerpts from Law Commission report on Law of Arrest
Following excerpts are highlighted from the Law commission report on law of arrest. The report is currently available at: https://lawcommissionofindia.nic.in/reports/177rptp2.pdf 2.1 The particulars furnished by various States referred to in Part One disclose the following broad features – (We are also offering our comments with respect to each feature): 1. The number of “preventive arrests” is unusually large. Preventive arrests evidently means arrests made under sections 107 to 110 and 151 CrPC and under local Police enactments containing similar provisions. While the break-up between arrests made under section 151 and sections 107 to 110 is not given, we have to recognize that there is a qualitative difference between them. 2. The percentage of arrests in bailable offences is unusually large ranging from 30% to more than 80%. The material furnished does not show in how many cases of arrest in bailable offences, the accused were immediately released on bail by the Police and in how m...