Civil Procedure Code (CPC)

Arrest procedure

A group of boys from my college is living in a flat near the college. The police recently raided their flat without any notice or warrant and found some alcohol bottles and hukkah bottles in the flat. The police directly took them to the police station without informing them and have kept them there for more than 12 hours. They are very confused and need legal advice to get themselves out of that situation.


any complaint against you?

Secunderabad/Highcourt practice watsapp no.9989324294

Most people are aware that smoking and heavy drinking are unhealthy habits, but not many realise just how much harm they can it is illegal to keep without permission of police/doctors. 


Dear Mr Vasu, 

As per Code of Criminal Procedure 1973 the police have to send the arrested person before the jurisdictional judicial magistrate/metropolitan magistrate within 24 hours. If the police is not doing soo the detention is an illegal confinement. Further, a person cannot be kept in custody for an indefinite period without an FIR. Therefore you my file Application under Section 97 Cr PC before the judicial magistrate first class for search of persons wrongfully confined. The JMIC will issue and search warrant for the illegally detained boys. The involved police officers can be in trouble if they are not able to explain such illegal detention. 


You may file a Habeas Corpus petition before the High Court for release of such illegally confined persons under Article 226 of the Constitution of India. This will be a bit expensive remedy. 



Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh. 


Disclaimer :- Opinion is only for guidance  





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