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POCSO ACT - Illegal arrest and detention by Police


04-Nov-2025 (In Criminal Law)
Accused picked up fm Res. at 5pm on a Sat. on d pretext of an enquiry by IO - FIR was registered same day at 12:30pm n stamped Mon. - but no arrest memo on Sat. - arrest memo in place on Sun. at 6:30pm. n accused produced before Magistrate on Mon. - Accused under police control on Sat./Sunday (upto 6:30pm) accused could hv been produced before d Duty M. (weekend closure)-illegal detention-Police empowered to arrest w/o warrant in cognizable cases, but it also requires them to justify in writing
Answers (5)

Answer #1
747 votes
Therefore, keeping the accused under police control from Saturday 5 pm until Sunday 6:30 pm without the mandatory arrest memo, and producing only on Monday, likely constitutes illegal detention. Also, police are expected to produce the accused before the duty Magistrate over the weekend if custody continues This underscores the accused’s right against illegal detention and highlights the police’s procedural duty to comply with arrest protections and timely magistrate oversight. The defense can challenge this detention on grounds of illegal custody due to breach of the 24-hour rule and non-compliance with arrest memo requirements Feel free to call me or text me for for more details
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Advocate Ashvin Khillare

Adv. Ashvin Khillare

LawRato Mumbai | 25+ Answers
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Answer #2
573 votes
it's an illegal arrest your person will be released you need to share fir copy and kindly consult with an advocate in person and in detailed kindly consult with an advocate in person and in detailed kindly consult with an advocate in person and in detailed
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Advocate Santosh S. Gaikwad

Adv. Santosh S. Gaikwad

LawRatoNavi Mumbai | 50+ Answers
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Answer #3
501 votes
Dear client based on your query, You need to file a Writ Petition before the High Court challenging that the arrest of the accused was illegal and no grounds of arrest was informed to the accused and he was detained beyond the period of 24 hours. For further details, feel free to contact us.
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Advocate Kalpana Sanap

Adv. Kalpana Sanap

LawRatoPune | 200+ Answers
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Answer #4
660 votes
If Police has illegally detained the accused and have not produced him within 24 Hours before the concerned Magistrate, this in itself becomes a ground to seek Bail for the Accused, if proven properly.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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Answer #5
553 votes
Well, you are right, Accused could have been produced before the concerned Duty Magistrate within 24 Hours of his arrest. If that was not done, then, we can term this as Illegal Arrest/Illegal detention which in itself become a ground to seek Bail for him.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoPune | 700+ Answers
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