ADVOCATES FOR RESCUE OF ILLEGAL DETENTION
Who is the best criminal advocate in Chennai for the Rescue of illegal detention ?.
In the first Our teams of Criminal advocates are aggressive trial lawyers in high court. In fact, Most of Our Criminal lawyers have more than a decade experience. Of Course, Our Senior lawyers know when and how to challenge illegal detention by police. Most of all, Our Senior counsels for Criminal litigation handle cases of without warrant search or abuse of your right to remain silent.
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If you get detained by police for the wrong reason, it is the violation of your civil rights. It could be false imprisonment. The law that covers illegal detention is complex. Let us see a few usual scenarios or examples
Examples of Illegal Detention by Police
The civil rights of a person get violated when police resort to any of the following:
- Without valid reason stopping a car
- Without permission searching personal property
- Checking someone’s pockets without a good reason
- Without a warrant entering someone’s home
- Without a valid reason Order a person to do an act
- Fail to inform a person about the right to remain silent
- Arrest a person without plausible grounds
What is Illegal detention?
Illegal detention is imprisonment without justified reason. By the way, It is the unlawful denial of a person’s liberty. It can be by way of arrest for a wrongful cause or suspicion. It is the continuous restraint of personal freedom of a person by having him in custody.
Difference between Illegal Detention and Arrest
You need a clear understanding of the difference between illegal detention and arrest. There is a slight difference between each other. But it has a big impact on the person in custody. Let us see what detention and arrest are.
Detentions are for a shorter period of time. The scope of detention is shorter than arrest. Detention has a low burden of proof. A police officer has got rational suspicion about a crime. He believes on reasonable grounds that a person has information about a crime.
The police officer can detain the person for a short period of time for the investigation of crime. He can conduct pat-down or search for a person’s body for weapons. He can seek information about a past crime or a probable crime to happen. The court’s rules that 20 minutes is a reasonable time for detention. But the time frame may vary due to various circumstances.
The arrest is the legal detention of a person. Police have a plausible reason to consider a person for a crime, they can arrest that individual. In arrest, a police officer has legal rights to conduct a complete search. He can search for the person for weapons, evidence, and contraband as well as their vehicle. In arrest, a police officer can hold an individual in jail for 24 hours. Otherwise maybe until he receives a warrant for the charges.
What are the remedies for illegal Detention?
In a case where there is an unlawful detention, he needs to contact or approach a Criminal lawyer immediately. The lawyer will tell you about filing ‘Habeas Corpus Petition’. He will also tell you about your rights and duties during detention.
Our Indian Constitution under Article 32 or 226 allows redressal of illegal detention. You can file a Habeas Corpus petition. Habeas Corpus is a Latin word. It means ‘we command that’. Habeas Corpus is the oldest remedy for centuries. The main purpose of the Habeas Corpus Petition is to bring an arrested person to court. If an individual is on illegal detention, he will get released by the court.
Rights of a person under detention or arrest
Within 24 hours, Police should produce the arrested person before the nearest magistrate. The time taken to visit the magistrate is not included in these 24 hours.
The following are the rights of a person arrested or detained
1. Right to be silent
You have the right to remain silent. It is wise not to say anything until you consult your attorney. It is a rule that police have to inform you that anything you say might be on record and used in court against you. Despite the information on your right, you can remain silent.
2. Right to legal aid-
You have the right to legal aid. You can call your lawyer when you get arrested or detained. When you get a call from the police station to visit them for investigation, do not walk into the station. At any point, You can call a Criminal lawyer and take his counsel. In any case, you can ask the police officer to send a writ to summon.
3. Right to see a warrant, if any
An individual can get arrested without a warrant. When a police officer says he has a warrant for the arrest, you have a right to see the warrant.
4. Right against Handcuffing and torture
When you co-operate with the police officer, you can avail of the right against handcuff. If the police officer believes you are going to abscond then only he can handcuff you. Moreover, police cannot subject you to torture. You need not undergo torture and it is a crime in the light of fact.
5. Right to inform your friends or relatives
When nobody was present at the time of your arrest, you have the right to inform your friends or relatives. In fact, it is a law obligation to inform another person.
6. No illegal detention is allowable
You are in police custody and not produced before the magistrate within 24 hours. Then it is illegal detention. Your friend or relative indeed can approach a High court and file a petition of Habeas Corpus.
7. A woman cannot get arrested before sunrise and after sundown.
It is allowable only under rare cases by all means. Lady police officer has to do the arrest on the other hand.
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Choose a Good Criminal lawyer
As a matter of fact, Our Criminal lawyers in Chennai have more rights and duties about a person detained in police custody. Get in touch with our Criminal lawyers’ team to discuss the same in detail. Our Senior Criminal advocates in Chennai with this in mind will give legal aid and advice based on your issues.
Find the No.1 Criminal Lawyer for Rescue of illegal detention in Chennai
Our expert lawyers will give you advice on other rights during illegal detention. In our Law firm our aggressive Criminal lawyers handle any defense case for our clients to point out. Contact Top criminal attorneys with your inquiries to stop illegal detention or rescue of it.