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yash kan krish (Trainee)     17 November 2012

Difference between arrested and detained

I wanted to know the difference between arrested and detained. I was once taken to police station and fined Rs 1000 for drunk nuissance. Medical was done and i was let to go on surity of bike papers. A month after i was asked to pay my fine by a call from police station in court.  

i never appeared in court. Is this detention or arrest. are there record for detention as i have to fill form for a job.



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 6 Replies

venkateswararao akkinapalli (associate)     17 November 2012

detention is on suspicioun of an offense and only for clarification.Whereas arrest is the result of an offense brought to the notice of police/magistrate.

Avrao

surjit singh (Assistant)     18 November 2012

As venkateswararao rightly said. I may add here that detention is only for short period for recording statement during interrogation,  a witness or a person on suspision can be detained, whereas arrest is made of person whose involvemnet is apparent on the prima facie investigtion, Generally detention are not recorded whereas arrest must be recorded in the case diary.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 November 2012

An arrest is made when there is enough evidence with the law enforcers to press charges against the person concerned in a court of law for crimes or offences punishable by conviction.

 

 

 

A person is detained only on suspicion. No evidence has yet been gethered to merit pressing of definite charge.

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Nitish Banka (lawyer)     18 November 2012

Arrest is a part of investigation comes under sections 50-60 of CRPC on specific grounds,but detain is for on the ground of suspecion.In both the cases it can't exceed 24 hours.

Om Prakash Dhusia (HR assistant)     18 November 2012

There is no bar for government job even if you are arrested or detained for any reason if not convicted by any court in a criminal law. If you were fined for any petty offence that is no conviction to disqualify you for govt jobs. Dont worry.

Dr V. Nageswara Rao (Advocate)     18 November 2012

1.Concept of  Arrest includes custody but not vice versa.

2. Arrest has a penal element in it but custody may not have that element. Under the CrPC, a person can be taken into "protective" custody.

3.  Arrest is necessarily linked to the commission of a crime. Custody can be for many reasons including the suspicion of committing a crime or simply interrogation..

4. We refer to "child's custody" of the parents without any negative connotation..

5. Arrest brings into operation the Consitutional rights of a person.


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