June 12, 2026

Can an Illegal Arrest Be Cured by Subsequent Judicial Orders?

Can a defective or illegal arrest be cured by subsequent judicial orders? This article critically examines the Allahabad High Court's decision in *Neeraj v. State of U.P.*, analyzing the constitutional safeguards under Articles 21 and 22, the evolving jurisprudence on habeas corpus, and the conflicting approaches adopted by the Supreme Court regarding illegal arrests and judicial remand. It explores whether violations at the time of arrest can be rectified by later court proceedings and the implications of this debate for personal liberty and criminal justice in India.