Section 35 BNSS Archives

Arrest procedure not a mere formality; Saket Court flags IO’s contradictions, reasserts mandatory S. 35(3) BNSS notice and grants bail

“The procedure which the IO needs to follow at the time of arrest is not a mere formality. Its purpose is to inform the accused of the grounds and reason of arrest so that he knows the allegations and can prepare his defence, and to ensure proper legal representation to defend personal liberty.”

woman arrested after sunset in bank fraud case

Case Briefs High Courts

‘Arrest illegal’; Bombay HC grants bail to a woman arrested after sunset in a bank fraud case

“CrPC describes the manner and the extent to which a person can be denuded of his liberty and, therefore, needs strict compliance. Any violation of the prescribed procedure in the matter of arrest can, therefore, be declared as illegal.”