03 Sep 2026 12:05 PM
Supreme Court
Supreme Court

Arrest -- Waiting Time at Police Station Before Formal Arrest -- Accused made to wait for enquiry due to unavailability of investigating officer not deemed under arrest

Constitution of India, Art.22(2) -- Arrest -- Waiting Time at Police Station Before Formal Arrest -- Article 22(2) uses the phrase "arrested and detained in custody," and mere waiting at a police station for enquiry, where the accused voluntarily attends on being called and is not restrained from contacting others, does not amount to arrest. Police are entitled to first satisfy themselves about involvement of the accused before effecting actual arrest, and a reasonably explained delay in conducting enquiry does not render the period of waiting illegal detention.

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