Query on detention in CrPC sec 151
01-Jul-2023 (In Divorce Law)
Hi, I was recently detained by UP Police (Phantom) under CrPC 151 and was later released after furnishing bail bond. At the time of my arrest (I wasn't aware it was arrest), the Phantom constable told me that my wife had filed a complaint and thus they have orders to take me to PS. They showed me some papers which seemed to me was a written complaint. My wife have many times dialed 100 and woman hotline number in past few months on pretence of false complaints and as a process both of us had to visit the local PS and from there the Police usually advised my wife to take the matter to court. However this time I was taken to PS on 1 June at 21:30 hrs and wasn't informed until next day that I have been booked under CrPC 151 and the form submitted to SEM by Police read that "while our patrol on June 1, we found this person yelling and fighting with his wife and attempted to warn him. But the person overlooked our warning and thus has been detained under sec 151". Such detention is lawful?
it's very unfortunate that you was detained by police and confined under section 151 crpc but that means your wife has called the police and already given complaint against you .it's not a good sign of cohabitation in a maritial relationship .you must settle all the disputes between you and her .even after its not settled and very difficult to stay together amicably and peacefully u must both get ready for divorce she has done cruelty against you if without any strong reason you was under police custody...go legal....
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
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 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
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Dear Client your query is not clear and as per the harrasment from the ends of Police you should directly approx Higher Authorities and file Complaint against them and as per Husband Wife dispute part is concern it's a subject matter of Court for more clarification you may contact us then I'll elaborate properly about your case Advocate Anurag Bhatt Allahabad High Court.
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