- This topic has 4 replies, 3 voices, and was last updated 1 year, 3 months ago by
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USo it is very clear to all of us that that police can not detain a person without the authorisation from magistrate beyond 24 hours!
Recently an acquaintance of mine was detained by police officials for around 3 days! He was picked up by STF while going to a different city on highway, his phone was switched off nothing was informed to anyone , his whole family was very very disturbed about his sudden disappearance.
And after around 1.5 days , they got to know that he has been picked up by the police and at the local police station that too through their contacts and was not formally informed by police. And after that he was challaned for section 125 i think that is maybe for possession of country made handgun(katta) and sent to jail.
Now my question is, we all know what is the rule , but how can we get it implemented that too in these situations when you even don’t know that someone has been detained for more than 24 hours until they allow you to meet them!What should be the immediate action after you get to know, so that the policemens can get punished for their illegal activity!
Approaching highcourt or supreme Court with the writ petition of habeas corpus is the option but it is not feasible cause its gonna take time!
What is the immediate course of action? -
HWhile it is true that a person who has been arrested must be presented before a magistrate within 24 hours, there are practical exceptions. In many cases, if a person is arrested on Friday night, they may not be produced before a magistrate until Monday, especially in places where no magistrate is available over the weekend. However, this technically violates the law, and the accused has the right to challenge unlawful detention.
Regarding communication, Indian law does not expressly grant an arrested person the right to a phone call, as seen in countries like the USA. However, the police are mandated to inform a relative or friend immediately about the arrest, as established in D.K. Basu v. State of West Bengal. The arrested person also has the right to meet a lawyer during interrogation.
If the police do not follow proper arrest procedures or unlawfully detain someone, the most effective legal remedy is to file a Habeas Corpus Petition before the High Court, which can order immediate production and release of the arrested person if the detention is found to be illegal.
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USo what the police usually does is that they arrest the person but don’t show him to have been arrested on record. The accused is kept in the police barracks unofficially without any record and after a few days they make the arrest memo and present the accused before the magistrate within 24 hours of making such memo.
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UBrother! That’s literally what i just said in my post!
I asked for an advise not to rephrase my post! -
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