Can police kept accused for the whole night without arrest

C M Asif (Querist) 24 August 2017 This query is : Resolved
Can Poilce keep accused for 24hrs without arrest? . Fir lodged u/s 406IPC only.. Police noticed the accused CrPC 41(1) for the discussion. But when he met the IO, he tale him in police custody. Is it legal..?

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Adv. Yogen Kakade (Expert) 24 August 2017
The section 406 of IPC is cognizable and non bailable. As he was kept at the police station does mean he has been arrested. It is the duty of the IO to produce the accused before the magistrate the next day if the arrest has been made at night or after the court hours.
Appoint a good lawyer and get the order to send him to Magistrate custody and apply for bail. No other option.
All the best.
Adv. Yogen Kakade
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