The word 'arrest' is derived from the French word 'arister' which means to stop or stay.  In ordinary sense, the word arrest means apprehension or restraint of a person by legal authority resulting in deprivation of his Liberty. (Read...when police may arrest without warrant).  Here we are going to see Consequences of non-compliance with the provisions relating to arrest.

Consequences of non-compliance with the provisions relating to arrest - 


    Consequences of illegal arrest which are as follows...

    (1) If any person is arrested illegally, it is a tort of false imprisonment, and the arrested person is entitled to claim damages from the person who made such an arrest.

    (2) If any person, his arrest is illegal, who is being so arrested can exercise the right of private defense in accordance with the provisions contained in Section 96 to 106 of the Indian Penal Code, 1860.

    (3) If any person who illegally arrests another is punishable under section 342 of the Indian penal code 1860 for wrongful confinement

    (4) The public servant having authority to make any arrest, knowingly effects and illegal arrest in contravention of law, he can be prosecuted for an offence under Section 220 of the Indian Penal Code 1860.

   (5) If the arrest is illegal, the victim of unlawful arrest and detention have right to compensation.

  (6) Informal detention or restraint of any kind by the police is considered as arrest as they are not authorized by law and such person claims the rights of arrested person if illegally detained or restrained.

   (7)  Even the provisions relating to arrest have not been fully complete with, the trial will not be void.


See also...


1. Distinction/Difference between Arrest and Custody

2. When search warrant may be issued | Criminal Procedure Code (Cr.P.C)

3. Aid to the Magistrates and the Police by the Public (Section 37 to 40 Cr.P.C)

4. Components of the Criminal Justice System | Criminal Law

5. Difference between warrant and summons | Criminal Law


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