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Section 167 of Cr.P.C. – Formal Arrest and Custody
Formal arrest, as distinguished from physical custody, is primarily a procedural step that may not necessarily involve immediate physical detention. Several sources clarify that a formal arrest can be recorded without physically taking the accused into police custody, especially when the arrest is made through a warrant or in specific legal contexts. For instance, Section 167(2) of the Cr.P.C. allows for the computation of detention only from the time of actual custody, and formal arrest alone does not automatically imply custodial detention Ashish Arora VS State of Kerala, represented by Public Prosecutor, High Court of Kerala - Kerala, M. Kishore S/o Murugan VS Inspector of Police, Kaaramadai Police Station, Coimbatore - Madras, CHANDA AJMERA VS STATE OF M. P. - Madhya Pradesh.
Analysis and Conclusion:
Formal arrest under Section 167 is a procedural step that may not entail physical custody. Its primary purpose is to record the arrest legally, which is crucial for subsequent legal procedures like remand. The actual custody of the accused depends on whether they are physically detained or merely formally arrested, affecting rights like the 24-hour production rule CHANDA AJMERA VS STATE OF M. P. - Madhya Pradesh. -
Impact on Judicial Processes and Rights
The legality of detention and remand hinges on whether the arrest and subsequent custody are properly recorded and executed. Courts have held that illegal detention or failure to produce the accused within 24 hours renders detention illegal, even if a formal arrest was made CHANDA AJMERA VS STATE OF M. P. - Madhya Pradesh. Furthermore, formal arrest does not necessarily restrict the accused's right to seek anticipatory bail or challenge the legality of detention Dhanraj Aswani VS Amar S. Mulchandani - Supreme Court, Serious Fraud Investigation Office through B. Ramesh Kumar VS Anil Jindal - Crimes. -
Arrest under Specific Statutes (PMLA, IPC)
Under the Prevention of Money Laundering Act (PMLA), Section 19 explicitly grants powers to arrest, and formal arrest is made when the Enforcement Directorate finds a person guilty of an offence under PMLA Jaffer Sadiq vs The Assistant Director, Directorate of Enforcement, Chennai Zonal Unit - Madras. Similarly, under the Indian Penal Code and Cr.P.C., arrest procedures, including formal arrest, are governed by statutory provisions that specify when and how arrests are to be made and recorded Sami-ullah Naqashbandi VS Sadaf Niyaz Shah - Jammu and Kashmir. -
Legal Significance of Formal Arrest
Formal arrest, especially when not coupled with physical custody, has limited legal implications regarding custody rights. It is mainly a procedural formality that may not impact the accused's liberty unless accompanied by actual detention or remand order Ashish Arora VS State of Kerala, represented by Public Prosecutor, High Court of Kerala - Kerala, CHANDA AJMERA VS STATE OF M. P. - Madhya Pradesh.
Summary:
Formal arrest under Section 167 of Cr.P.C. is a procedural act that may not involve physical detention. Its primary purpose is to ensure legal compliance in arrest procedures. The actual custody and rights of the accused depend on whether physical detention occurs, with courts emphasizing that illegal detention or failure to produce the accused within 24 hours invalidates detention, regardless of formal arrest status. Statutes like PMLA explicitly define powers of arrest, and formal arrest alone does not extinguish rights such as bail or challenge to legality.
Search Results for "Kn Nehru Formal Arrest Section 167"
2024 Supreme(Online)(MAD) 36613 • India - High Court of Madras
S.M. SUBRAMANIAM, V.SIVAGNANAM, JJ
Section 19 of PMLA in unequivocal terms. Section 19 of PMLA confers power to arrest. ... Since the Enforcement Directorate found him guilty of an offence punishable under the provisions of PMLA, formal arrest has been made by invoking Section19(1) of PMLA.
2013 0 Supreme(Ker) 363 • India - Kerala
S.S.SATHEESACHANDRAN
Criminal Procedure Code, 1974, Section 439 - Order of custody by the court cannot be disturbed by formal arrest submitted to the ... formal arrest was recorded. ... orders passed by the magistrate under section 167 of the Code. ... Arrest as already indicated is always coupled with custody. In a formal arrest, arrest is only in form sans custody. The word "arrested" under section....
2021 0 Supreme(Mad) 2789 • India - Madras
N.ANAND VENKATESH
arrest through Prisoner on Transit Warrant - Even though formal arrest took place on these two days, petitioner was not immediately ... Code of Criminal Procedure, 1973 - Section 167(2) - Constitution of India, 1950 - Article 21 - Criminal ... several cases filed against him and he was in judicial custody in some other case - Respondent Police in both cases effected a formal ... proviso to Section 167(2) of Cr.P.C. it can be computed only from the da....
2019 0 Supreme(AP) 23 • India - Andhra Pradesh
C.PRAVEEN KUMAR, M.SATYANARAYANA MURTHY
Courts – He sought for issuance of habeas corpus holding that remand is illegal no order is placed on record evidencing remand under Section ... Courts – He sought for issuance of habeas corpus holding that remand is illegal no order is placed on record evidencing remand under Section ... The question which would then fall for consideration, is, whether by effecting such formal arrest, the accused would be in the custody of the police, who executed the formal arrest. Though the words '....
2024 0 Supreme(P&H) 631 • India - Punjab and Haryana
KULDEEP TIWARI
(A) Companies Act, 2013 - Section 212(6) and (8) - Bail - The trial Court granted bail to respondents accused of a financial scam ... , citing non-communication of grounds for arrest as a reason. ... Paras 26, 34, 71) ... ... (B) Judicial Custody - The Court clarified that formal ... order", as prescribed under the Rules of 2017, especially when no formal arrest had taken place. ... Kulkarani, 1992 (3) SCC 141, he can effect formal arrest of the accused in prison. .....
2020 0 Supreme(MP) 1289 • India - Madhya Pradesh
S. C. SHARMA, SHAILENDRA SHUKLA
The court found that the accused's detention was illegal as he was not produced before the Magistrate within 24 hours of arrest ... the said formal arrest. ... But, in the case of a formal arrest, according to the learned Public Prosecutor, since there is only a formal arrest, the accused does not get into the physical custody of the police, and therefore, there is no police custody either for 24 hours or beyond that. ... a special order of a Magistrate under #HL_STA....
2020 0 Supreme(J&K) 310 • India - Jammu and Kashmir
ALI MOHAMMAD MAGREY
Indian Penal Code1860 - Section 166 166-A and 167 354 201 209 and 120-B - Criminal Procedure Code1973 - ... Section 482 – FIR – Quash - Judicial Magistrate passed following order - After going through averments made in application Court ... Code- Thus direction Section to be issued only after application of mind by Magistrate- When Magistrate does not take cognizance ... For example, in case of arrest under Section 41(1)(b) of the Code, the arrest memo along wit....
• India - Crimes
KULDEEP TIWARI
validity can be tested on anvil of whether there was an improper or arbitrary exercise of discretion in grant of bail – Neither formal ... arrest of respondent/accused by petitioner-S.F.I.O. was necessary, nor it was a condition precedent for remanding respondent to ... judicial custody – To satisfy its conscience as to whether “grounds of arrest” have been supplied or not to respondent, trial Court ... order”, as prescribed under the Rules of 2017, especially when no formal arrest had taken place. ... ....
2024 7 Supreme 1 • India - Supreme Court
D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
arrest (on-paper arrest) would not extinguish right of accused to apply for anticipatory bail. ... a person from seeking anticipatory bail in relation to an offence while being in custody in relation to another offence – Mere formal ... (A) Criminal Procedure Code, 1973 – Section 438 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 482] ... We say so because a formal arrest would not result in the submission of the accused, who is already in custody, to the custody....
2024 0 Supreme(Kar) 242 • India - Karnataka
K. NATARAJAN
arrest? ... in light of the petitioner's prior arrest and custody in a related case. ... Section 438. ... Therefore, there is no legal compulsion for the production of the Accused before the Magistrate within 24 hours from the said formal arrest. ... - 2) If the Investigating Officer in the latter case decides to arrest the Accused, he can go over to the prison where the Accused is already in judicial remand in connection with some other case and effect a formal #H....
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