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News1806-02-2026, 16:30

SC: Arrest Not for Questions, Police Discretion, Not Mandatory

  • Supreme Court rules arrest cannot be solely for questioning; it's a statutory discretion, not mandatory.
  • Power of arrest under BNSS, 2023 must be interpreted as a strict objective necessity, not subjective convenience.
  • Police must satisfy that investigation for offenses up to 7 years imprisonment cannot proceed without custody.
  • Arrest after notice under Section 35(3) of BNSS, 2023 is an exception, not routine; police must be circumspect.
  • Investigation can proceed without arrest; police must question necessity before undertaking arrest.

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