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Wrongful confinement by police, please advise what can be done


26-Jan-2023 (In Criminal Law)
My friend arrest in 151 and more than 24 hrs passes now .wrongfully police arrest for asking question to collector about progress of swatch bharat abhiyan . What to do now Please help
Answers (5)

Answer #1
917 votes
Dear sir
File a writ petition for Your fundamental rights in the high court.. Give explanations about wrongfully arresting by police. This is no offence that asking a question to collector.
Answer #2
539 votes
Dear Client,

Your query is very short and do not provide proper details about the matter. I need some more information regarding the matter. Kindly contact me as soon as possible. So I could help you in proper way to be out of this mess.
Answer #3
675 votes
File a petition of Habeas Corpus under Article 226 of the Constitution of India before the High Court.

If the High Court is satisfied that your friend has been illegally confined then the High Court can order his release.
Answer #4
573 votes
police has to present the arrested person within 24 hours to the magistrate
In section 151 SDM has power to give your friend bail. So you should go for bail in SDM court. If he is not taken to court you can complain about it to senior police officials
Answer #5
858 votes
File hebeus corpus writ petition aganist public officer.
340.[i] The Indian Penal Code deals with other matters related in this regard from
339to S. 348. When it comes to public police, the proving of false imprisonment is sufficient to obtain a writ of Habeus Corpus.

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