Ncr case mumba

Dilip (Querist) 12 May 2025 This query is : Resolved
Police is call up a person in NCR case and now he has kept that person in police station for whole day after giving all address detail and id proof than also police has kept that fellow for whole day

What action can be taken against the police officer and will it come under wrongful confinement. 127 BNS

Matter is of NCR case and it has been done without any permission of magistrate

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Quick Summary

If police detain you for an entire day based on an NCR (Non-Cognizable Report) in Mumbai, it may constitute wrongful confinement. Police cannot arrest or investigate NCR cases without a magistrate's permission, and detention beyond 24 hours without a magistrate's order is unlawful. You may be able to take legal action against the officer involved, potentially through civil proceedings after serving notice.

T. Kalaiselvan, Advocate (Expert) 12 May 2025
An NCR (Non-Cognizable Report) is a formal complaint filed with the police regarding a non-cognizable offense, which generally involves minor offenses. The police cannot arrest someone based on an NCR and cannot investigate without a Magistrate's permission.
Police detention for a whole day is generally not allowed, as the maximum time a person can be held in police custody is 24 hours.
A NCR is a record of a complaint that the police will note in their register but cannot conduct an investigation unless a Magistrate gives them permission.
You can potentially take legal action against police for unlawful detention. While the police have the authority to detain individuals for a reasonable period, they cannot detain someone for an extended period, especially without presenting them before a magistrate within 24 hours, unless a magistrate orders a longer detention

P. Venu (Expert) 12 May 2025
No criminal action is possible unless you obtain prior sanction. Of course, you can initiate an action in tort after serving the mandatory Notice as provided under Section 80 CPC.

Dr. J C Vashista (Expert) 13 May 2025
The police shall not call AND not to speak of detaining any accused qua a NCR whole day in police station as stated.
The facts posted are unbelievable / mainipulated.
However, if it is a true story consult and engage a local prudent lawyer for initiation of necessary legal (criminal or civil) proceeding against such police official.

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