Dated: 2024-05-07 16:17:12
How to resist a wrongful arrest?What is a False Arrest?
Before I suggest how to resist a wrongful arrest, I want you to know what is False Arrest.
False arrest, also known as false imprisonment or wrongful arrest, occurs when someone wrongfully holds a person against their will or takes them into custody. This crime can be committed by both private persons as well as law enforcement agents, when they act beyond or outside the scope of their authority.
False arrest is a crime and a civil harm, enabling the victim to sue for damages in a civil lawsuit.
Also an important point to be noted here is that when most people think about the police committing false arrest, they think it refers to an arrest that was not supported by evidence. But this is not the standard for measuring whether the police have falsely arrested someone. To be guilty of false arrest, the police must act without authority, or beyond the scope of their powers.
How to resist a wrongful arrest?
Anyone who is being arrested by a police officer and who believes that such an arrest is wrongful can resist such arrest. The person being wrongfully arrested can tell the officer that it is wrongful. Once that statement is made, the officer has to demand the evidence from the accused that the arrest is wrongful. If the evidence produced proves that the arrest is wrongful then the officer cannot lawfully arrest the person any longer. If no evidence is presented, then the person being arrested must co-operate with police entirely. The resistance of arrest cannot be violent or harmful to the officer in anyway.
Once the arrest has been made, because there was no evidence presented, then the claim can be made again in the presence of a lawyer.
A notable instance here is that, if the arrest is invalid on account of breach of procedure or violation of any other right or if the custody is not passed within the framework of the law by a competent magistrate who has jurisdiction over the issue, the person so detained can file a Writ of Habeas Corpus under Article 32 or 226 of the Constitution of India. However it must be noted that a writ does not lie against a legal custody, no matter what rights may have been violated before the lawful custody.
Also, if a person believes that he/she have been detained or arrested without a basis (or if he/she believes that the police are acting outside their proper authority), they need to speak to a local criminal defence attorney as soon as possible. A person should never make any statements or file a complaint with police or investigators until they have had a chance to speak to an attorney. If someone believes that their rights have been violated, or they need someone to represent them against criminal charges, a local attorney who has experience representing clients in local courtrooms is the only person they should talk to for legal advice.