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Can police detain someone without notice
24-Mar-2023 (In Criminal Law)
can police forciablly call/take someone to police station without notice
Yes if there is any non-bailable offence. But in Indian practically police can take police station to anyone even without any warrant or notice. No one ask to police you have any notice or warrant or even complaint against me
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Adv. Shashi Bhushan Jha
Delhi | 100+ Answers
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What is the difference between detention and imprisonment?
In the end, imprisonment is the punishment a person receives when they do something wrong, or break the law. Detainment is the act before the crime. It means that a person has the intention to commit wrongful acts but the authority of the law prevents him from doing so.
What is the difference between preventive detention and house arrest?
House arrest is only used in India in the form of preventive detention laws. For example, Section 5 in the National Security Act 1980, which allows the government detain people in any place, including at their home. 26-Jan-2022
What is the law for arrest and detention case?
Article 22 of the Constitution of India 1950
(1) A person arrested must be informed as soon as possible of the reasons for the arrest. He also has the right to consult and be represented by a lawyer of his choosing.
What is difference between arrest and custody?
The terms custody and arrested do not mean the same thing. There is custody in every arrest but not the other way around. The arrest is the formal way to take a person into police custody. Custody is a term that refers to the surveillance of a person or the restriction of their movement. 23-Oct-2023
Hello,
Police can have you in their custody without actually arresting you. Police custody is defined as wherein you cannot leave the police premises with your free will and you are deprived of your personal freedom.
If you are detained in police custody such as in case of serious offence without any charged offence, the police cannot detain you more than 24 hours. The police must also release you if they dont have sufficient evidence to charge you.
Police can have you in their custody without actually arresting you. Police custody is defined as wherein you cannot leave the police premises with your free will and you are deprived of your personal freedom.
If you are detained in police custody such as in case of serious offence without any charged offence, the police cannot detain you more than 24 hours. The police must also release you if they dont have sufficient evidence to charge you.
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Adv. Sagar Sharma
Delhi | 25+ Answers
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As per your query police has power to arrest a person in regard to determination of a cognizable offence .The query is too short to be exactly answered as there are possibilities of a FIR being registered against the person and the IO has the belief to do so .But the accused has all the rights to get free copy from the detaining police officer the copy of FIR and defend his case.
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Adv. Anand Shukla
Delhi | 100+ Answers
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There are two types of offences. Cognizable offence and non cognizable offence. The police has got all the right ti arrest in cognizable offences and also for non cognizable offences the police may take permission of arrest for which no notice is required
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Adv. Palav Agarwal
Delhi | 100+ Answers
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