Absolution: On need to compensate for unlawful arrests

Context: Several procedural lapses were made during the investigation of the Aryan Khan drugs case by the Narcotics Control Bureau (NCB).

In light of such lapses and to protect the rights of those jailed during the process, India needs a law to make compensation for unlawful arrest a statutory right.

What lapses were made by the NCB?

The lapses include failure to video-graph the search of the ship, not conducting a medical examination to prove consumption, and examining Mr. Khan’s phone and reading messages on it without any legal basis.

Is there any provision for compensating a unlawfully arrested person?

India does not have a law on the grant of compensation to those maliciously prosecuted.

However, Constitutional courts do exercise their vast powers sometimes to award monetary recompense; the remedy of a civil suit is also available in law, but it is time-consuming.

Currently, Section 358 of the Cr.P.C. provides for a paltry fine to be imposed on a person on whose complaint a person is arrested without sufficient grounds.

What is the way forward?

The NCB has to re-examine its priorities. It is an elite agency in the fight against international trafficking in narcotic and psychotropic substances. Its primary focus ought to be on trans-national smuggling networks, while the job of pursuing drug peddlers and raiding rave parties must be left to the local police.

While strict disciplinary action is warranted if any officer is found involved in ‘fixing’ someone, it is also time that the Government came out with a legal framework for compensating those jailed without proof. The Law Commission of India has recommended enactment of a law to make compensation an enforceable right.

Existing CrPC provisions should be expanded to cover just compensation by the state for unnecessary arrests.

Source: This post is based on the article “Absolution: On need to compensate for unlawful arrests” published in The Hindu on 30th May 22.