Introduction

The common mistake committed by numerous people is that they feel if they file a complaint at the police station, the suspect will be arrested instantly; hence, they refrain from filing complaints out of fear of being arrested. The belief that filing a complaint leads to arrest instantly has been identified as one of the greatest factors in people abusing the Indian justice system because a lot of Indians do not take their grievances to court.

Registration of Complaint Vs. Arrest

The process to start the criminal justice system begins with filing a complaint or an FIR. Upon the filing of a complaint, a police investigation into the crime takes place, but in no way is the accuser indicating that the offender is guilty or that he or she will necessarily be arrested.The process of arrest has to conform to the requirements set by the law.

Detention Is Subject to Law, Not Suspicions

The Code of Criminal Procedure (CrPC) lays down that arrest is a grave act that affects liberty and has stringent requirements. The police must make an assessment of whether an arrest is called for, taking into consideration factors such as the nature of the offence, evidence, chances of escape by the accused, tampering with evidence, or influencing witnesses.

In cases where crimes are punishable by less severe sentences, particularly those involving imprisonment of up to seven years, arrest is not mandatory. In fact, the system promotes the issuance of a notice of appearance to allow the suspect to comply without arrest.

Legal Safeguards to Protect from Arbitrary Arrest

In a series of statements, the Supreme Court of India has emphasized that “arrest is not obligatory in all cases.” The Court has cautioned against indiscriminate or mechanical arrests, recognizing that unwarranted detention constitutes a violation of the basic right to personal liberty under Article 21 of the Constitution. Reasons for an arrest must be justified and recorded by the police, which can then be judged by the courts.

Role of a Magistrate

Even after arrest, there is a provision for safety. The arrested individual has to be produced before a Judicial Magistrate within 24 hours. The Judicial Magistrate then examines the arrest to see if it was justified. If the arrest was deemed unnecessary, then the courts have the authority to give bail or query the investigation.

Why This Distinction Matters

The myth of arrest is, therefore, a source of fear for the accused and undue hope for the complainants. While the complainants are hoping for the arrest, the accused are scared of it, despite the fact that the latter only need to cooperate. It is, therefore, important to understand the role of arrest in the quest for the rule of law.

Conclusion

Filing a complaint is not a matter involving instant arrest. The Indian criminal law strikes a balance between effective investigation and the freedom of the individual. An arrest is legal only if justified and for the purposes of investigation.