Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sandeep (firm)     26 March 2012

Illegal arrest

Dear All,

One of my friend was picked up by xyz state police from Delhi on the pretext of meeting with their captain regarding investigation in a case. He was told that their senior officer is staying in a nearby hotel so we will have to go their to meet him. Being a law abiding citizen he agreed and took him inside a vehicle and vehicle started moving.

But instead the vehicle started moving towards Delhi border and soon left Delhi. In the midway he was asked to switch off his mobile. It was around 9:00 Am in the morning. Anxiously he asked where we are heading, a reply came that we are going on a tour so sit quitely.

At around 3:30 PM on the same day they were approx. 250 km away from  Delhi in the HQ of XYZ state police. He was made to site idle in the xyz state Police HQ. Around 5:30 PM after making sure that the courts is closed now at the end of day, he was told that he has been arrested for some criminal charges. He was forcibly made to sign an arrest memo that he was arrested at 11:30 AM (Actually he was picked up at 9:00 AM in Delhi and he was informed about his arrest at 5:30 PM in a city 250 km away from Delhi) and  and he has been told reasons of his arrest.

On the prevoius night my firend had received call from the police officer that they want to meet him regarding verification of some papers, so right from the begining my friend became anxious so he was carrying an audio recording device and that device recorded all conversations upto first 5 hours.

Furthemore there was no witness during whole procedure and they even don't had permission from Delhi police.


My question is this that how can these audio recordings be produced in the court legally as a proof that he has been arrested illegally and time of arrest as shown in memo has been tampered.






 3 Replies

A.V.Pattanashetti (Advocate)     28 March 2012


1 Like


illegal custody & arresting without sufficient reason is misuse the power by police. Delhi High Court penalize to police Rs.50,000/- for illegal custody & detainsion.

File complaint in court.

1 Like


File a complaint under Section 346 IPC. The police officers run the risk of going to jail for 2 years.



Ashish Davessar

Delhi, Chandigarh


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