The Udaipur police arrested me without a warrant for a non-cognisable offence. Is this constitutional?
SM Asked by Smriti Dubey from India
Quick Answer
Article 22(1) and (2) of the Constitution protect against arbitrary arrest; arrest without warrant is permissible only under specific BNSS provisions for cognisable offences.
Detailed Legal Analysis
Article 22(1) and (2) of the Constitution protect against arbitrary arrest; arrest without warrant is permissible only under specific BNSS provisions for cognisable offences. Section 35 BNSS, 2023 restricts warrantless arrest and requires the officer to record reasons.
For a non-cognisable offence, arrest without warrant or Magistrate's order is illegal. File a complaint with the magistrate and the State Human Rights Commission.
Approach Rajasthan High Court under Article 226 for a writ of habeas corpus or for compensation for illegal arrest. The Supreme Court's 1997 guidelines in the Basu case require an arrest memo, intimation to a relative, and medical examination.
Preserve the arrest record and any refusal to record reasons as evidence. Refer to Rajasthan Rent Control Act 2001 for any state police conduct rules in Rajasthan.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.