Arrest & Related Matters Archives - Lawwatch : Legal Resources for Learners

In Drunken Driving, Blood Test Essential if Arrested, Otherwise Breathalyzer Result Would be Enough

Posted by By K Rajasekharan 28 April 2025Posted inArrest & Related Matters, Motor Vehicles Act

The Kerala High Court in Benny Mon v State of Kerala [2025:KER:22425] says, if a person is arrested for drunken driving under Section 185 of the MV Act, he has to be subjected to medical examination.

If Reason for Arrest not Informed Court must Grant Bail

Posted by By K Rajasekharan 13 February 2025Posted inArrest & Related Matters, Bail & Related matters

Informing an arrested person clearly and effectively of the grounds for his/her arrest is a fundamental right under Article 22(1) of the Constitution and the right to live with dignity is a part of the rights guaranteed under Article 21, says the Supreme Court (SC) in Vihaan Kumar v The State of Haryana & Another [2025 INSC 162].

On Preventing Arrests in Violation of Law

Posted by By K Rajasekharan 26 August 2024Posted inArrest & Related Matters

Every Magistrate and Sessions judge to inform its jurisdictional Principal District judge about any form of non-compliance by the police in following the arrest guidelines laid down in the Satender Kumar Antil v Central Burea of Investigation & Another within one week of recording such non-compliance.

Arrest & Bail: SC reiterates its Directions

Posted by By K Rajasekharan 14 September 2023Posted inArrest & Related Matters, Bail & Related matters

In a recent judgement in Md. Asfak Alam v The State of Jharkhand, the Supreme Court (SC) re-issues directions to all courts in the country reiterating the directions already issued in Arnesh Kumar v State of Bihar and Another.

Search, Seizure & Arrest under NDPS Act

Posted by By K Rajasekharan 31 July 2023Posted inArrest & Related Matters, Criminal law

The Narcotic Drugs & Psychotropic Substances Act (NDPS Act) is a complete code of legal provisions, to control and regulate operation of Narcotic Drugs & Psychotropic substances in India. It has been formulated by consolidating the then existing Opium Act, 1878 and The Dangerous Drugs Act, 1930. It applies to all persons in India and outside, and on ships and aircrafts registered in India.

Court can prevent Arrest while dismissing Anticipatory Bail

Posted by By K Rajasekharan 26 January 2023Posted inArrest & Related Matters, Bail & Related matters

Even if the High Court is not inclined to grant anticipatory bail while considering the application for anticipatory bail, it can grant protection from arrest for some time, says the Supreme Court (SC) in Nathu Singh and Another v State of UP and Others.

Arrest of an Accused: Its Legal Provisions

Posted by By K Rajasekharan 30 November 2022Posted inArrest & Related Matters

The police officer has wide powers for making arrest without warrant when a reasonable complaint or credible information reaches him, but it should be exercised cautiously. The police officer must have sufficient materials for exercising independent judgement at the time of making arrest. Police Officer has enough discretion in making arrest without warrant. That must be exercised not at his sweet will, but when there is reasonably founded suspicion as to commission of a cognizable offence.

Arrest & Detention of JD in Execution Petition

Posted by By K Rajasekharan 28 January 2022Posted inArrest & Related Matters

One of the modes of execution of a decree for payment of money, exceeding Rupees two thousand, is arrest and detention of the judgment debtor (JD) in a civil prison. The purpose of this write up is to discusses the mode and procedure for putting a judgment debtor (JD) in civil prison, as part of execution of a decree, when he is unable to satisfy the decree against him.