He Reached the Station at 11 AM, Was 'Arrested' at 8:15 PM- Bombay HC Dismisses Illegal Detention Plea

The Bombay High Court has held that merely being kept waiting at a police station does not mean that a person has been arrested, as long as the person continues to have personal freedom and the police have not formally arrested him.

A Division Bench comprising Justice Sarang V. Kotwal and Justice Ranjitsinha Raja Bhonsale held that the accused in this case was arrested at 8:15 p.m on June 10, 2026, and not when he reached Dongri Police Station at around 11 a.m. that day. Since he was produced before the Special Court within 24 hours of his arrest, the Court found that there was no violation of Article 22(2) of the Constitution or Section 58 of the BNSS.

Petition Challenged Arrest

The petition was filed by the detenu’s brother. He sought the detenu’s release from custody and a declaration that his arrest was illegal.

The detenu was accused in a case registered at Dongri Police Station under Sections 10 and 12 of the Protection of Children from Sexual Offences Act (POCSO) and Section 74 of the Bharatiya Nyaya Sanhita(BNS).

The petitioner argued that the detenu had been called to the police station at around 11 a.m. on June 10 and was not allowed to leave after that. However, he was officially shown as arrested only at 8:15 p.m. He was then produced before the Special Court at 3:46 p.m. on June 11.

According to the petitioner, the 24-hour period should be counted from 11 a.m., when the detenu reached the police station. This would mean that he was produced before the Court after the 24-hour limit.

Court Examines Custody And Arrest

The Court considered whether the detenu was already under arrest when he reached the police station or whether his arrest began only at 8:15 p.m.

The Bench referred to Article 22(2) of the Constitution and Section 58 of the Bharatiya Nagarik Suraksha Sanhita(BNSS). These provisions require an arrested person who is in custody to be produced before the nearest Magistrate within 24 hours of the arrest, subject to the permitted exclusion.

The Court also considered the principle that custody and arrest are not always the same. Referring to the decision in Mohd. Avesh Mohd. Hanif Potiyawala, the Bench noted:

“In every arrest there is a custody but not vice versa. The custody may amount to an arrest in certain cases but not in all cases.”

Detenu Could Contact Others

The Court noted that the police had called the detenu to the station for an enquiry. They had not gone to his home or any other place to arrest him.

The Investigating Officer explained that he was busy with another investigation between 11 a.m. and 8:15 p.m. The Court found this explanation reasonable.

The Court also noted that the detenu continued to have access to his mobile phone and remained in contact with other people until around 7 p.m.

The Bench observed:

“The detenu was made to wait so that the preliminary enquiry could be conducted.”

The Court further said:

“It is reasonable to expect from the Police Officers to satisfy themselves about the involvement of an accused before effecting actual arrest.”

Arrest Was At 8:15 PM

The High Court ultimately accepted the prosecution’s case that the detenu was arrested at 8:15 p.m. on June 10.

The Bench held:

“It cannot be accepted that, the moment the detenu stepped into the Police Station at around 11.00 a.m. on 10th June 2026, he was under arrest.”

Since the detenu was produced before the Special Court at 3:46 p.m. on June 11, the Court held that he was produced within 24 hours of his actual arrest.

The Court therefore found no illegal detention and dismissed the petition.