P&H; Subsequent remand order does not cure an arrest that was illegal at its inception

Bharatiya Nagarik Suraksha Sanhita, 2023, S.35, Constitution of India, Arts.21, 22(1) — Arrest and detention — Detention of detenue was illegal from its inception as the constitutional mandate u/art 22(1) of Constitution r/w S.35 BNSS was violated - Detenue was directed to be released from custody, while State was left at...

Bharatiya Nagarik Suraksha Sanhita, 2023, S.35 — Arrest —  Subsequent remand order does not cure an arrest that was illegal at its inception - Once the initial arrest is held to be vitiated, later remand cannot validate the detention. (Para 33) 

Bharatiya Nagarik Suraksha Sanhita, 2023, S.35 — Notice u/s 35 BNSS — Arrest in offences punishable with less than seven years — Where alleged offence attracts punishment of less than seven years, authorities were duty bound to issue notice and absence of such notice rendered the arrest unsustainable...