Arrest of accussed
Santosh Tudu
(Querist) 08 May 2014
This query is : Resolved
Sir, a accused has been arrested by the police, accused is in police custody for 1 month due to he is under treatment in hospital and could not be produced before judicial magistrate for judicial custody yet, my query is whether it is lawful ?
Lawyer SALEEMA KABEER
(Expert) 08 May 2014
If an accused is arrested, no doubt, the accused has to be produced before the Magistrate within 24 hours excluding the travelling time. Otherwise, it is amount to illegal detention.
Police custody is permissible only on Judicial order. Mere giving escort by police will not be treated as police custody.
Sankaranarayanan
(Expert) 09 May 2014
No more details you need. Already my learned friend given it
Rajendra K Goyal
(Expert) 09 May 2014
Agree with the expert Lawyer Saleema Kabeer ji.
P. Venu
(Expert) 09 May 2014
Has the police authorities served the arrest memo or informed the near relatives of the arrest in accordance with the norms?
T. Kalaiselvan, Advocate
(Expert) 09 May 2014
It is illegal, however what is yur concern with it, why have you not taken any action on this if you are concerned with it, or is it an academic query?
