Vasu Singh 18 June 2021

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.

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4 Replies

Adv Jagdeep Singh (ADVOCATE) 18 June 2021

any complaint against you?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 18 June 2021

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

Shubham Bhardwaj (Advocate) 20 June 2021

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.

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh.

Disclaimer :- Opinion is only for guidance

minakshi bindhani 07 October 2021

As per your concerned query!

An arrest without a warrant means when a police officer is entitled to arrest a person without any warrant. There are several grounds provided in Section 41(1) of CrPC under which an arrest can be made without a warrant.
In addition to that section 47 of the Cr. PC provides for the search of place entered by place sought to be entered.

Rights of the arrested person:
1. Firstly, according to Section 50(1) of CrPC, it is the duty of the police officer or any person arrested without a warrant to inform the person arrested about the grounds of the offence for the arrest.
2. When an arrest is made without a warrant by a police officer, he must show before the magistrate without unnecessary delay(usually within 24 hours).
3. The arrested person also has the right to consult an advocate of his choice during interrogation under section 41D and Section303. Apart from these, there are many other rights and procedures mentioned in the further part of the article.

There are many landmarks judgement where the power of arrest is not misused
DK Basu v. West Bengal and many others.

If the Police without applying his mind arresting any person to misuse the powers conferred on him, he may be prosecuted under section 166 Indian Penal Code, 1860 and punished accordingly.