Rule For Arrest: Often, people fear arrest in the name of questioning. The Supreme Court has clarified that the police cannot arrest someone just for asking questions. Custody will only be granted when it is necessary for the investigation.

Rule For Arrest: Often, people are unaware of the circumstances under which the police can arrest them. Sometimes, just being called for questioning makes people assume they will be arrested. But now, the Supreme Court has given a major ruling on this. The court has clearly stated that the police cannot arrest a person just for asking questions or for general questioning.

Arrest can only happen when custody is actually necessary to further the investigation. That is, being called to the police station for questioning is one thing, and being arrested is another. This interpretation has been given by the Supreme Court under the sections of the Bharatiya Nagarik Suraksha Sanhita 2023. Know what the law says about this:

What does the law say about arrest?

According to the Supreme Court's decision, the police cannot directly arrest you for questioning. The Supreme Court bench, referring to Sections 35(1)(b), 35(3), and 35(6) of the Bharatiya Nagarik Suraksha Sanhita 2023, stated that direct arrest is not possible in cases punishable with up to seven years of imprisonment. It is necessary to first issue a notice and seek cooperation in the investigation.

After this, the police officer will have to provide a solid basis for why the investigation cannot proceed without custody. The court stated that arrest cannot be a matter of police convenience. Detaining someone solely for questioning would be against the spirit of the law. This means that arrests will now be determined based on the necessity of the investigation.

No inconvenience for the general public

The court clarified that the objective is to strike the right balance between investigation and civil liberties. The police should do their job, but no one's freedom should be compromised without a valid reason. Making an arrest the first step in every case is contrary to the spirit of the law.

Therefore, the police must objectively determine whether taking someone into custody is truly necessary. In other words, being summoned for questioning does not automatically mean arrest. Cooperation with the investigation is mandatory, but detention will only occur if its necessity is clearly established. Understanding this rule will help you avoid unnecessary legal stress and trouble.