Handbook on Arrest and Remand

Freedom is not an absence of restraints; it is a composite of restraints. There is no liberty without order. There is no order without systematised restraint.!

It is the pious duty of the Criminal Courts to zealously guard and keep a consistent vision in safeguarding the constitutional values and ethos. A criminal court must uphold the constitutional thrust with responsibility mandated on them by acting akin to a high priest. The fragile issue of human liberty is a matter which directly strikes upon these inviolable constitutional values. Considering matters involving arrest, remand and bail by Criminal Courts as routine and non-issue is the first and foremost reason behind the flagrant transgression of these high Constitutional values.

As per NCRB Report, around three-fourths of prisoners languishing and suffering remand in jail are under-trials. The pendency of cases and reluctance to grant bail are the biggest reasons behind the huge number of under trial prisoners. The majority of these under-trials are those belonging to underprivileged classes, who are unable to pay bail amount, a situation which highlights the inherent social and economic discrimination entrenched in the system.
Accordingly, there is a dire need for a change in approach to matters of arrest, remand and bail and this has been repeatedly highlighted by the Hon’ble Courts. The purpose of Author Shri Parras Manni Dhamija in writing present compilation is to furnish a compendious guide to the judicial officers, prosecutors and members of the bar for sake of regulating the matters pertaining with human liberty.