Unlawful Arrest and Wrongful Detention: A Study on Police Brutality as Violation of Law

Abstract

The legality of preventive arrests or arrests made without a warrant by law enforcement has been contested for decades throughout the world. The primary goal of a preventive arrest is to deter a suspect from committing a punishable offense in the future. A person's rights are temporarily violated when they are arrested, and if the arrest is performed without a warrant, it may be arbitrary and in violation of fundamental rights. In contrast to India's and Pakistan's constitutions, Bangladesh's constitution did not initially guarantee the use of the power of preventative detention in any circumstance. However, on September 22, 1973, the Bangladesh Constitution was changed, giving the national legislature the authority to establish legislation relating to preventive detention without defining the protections.