Custody Alone Doesn’t Amount To Arrest: HC The Nagpur bench of the Bombay High Court recently clarified that taking a person into custody does not equate to formal arrest, emphasizing that legal safeguards under criminal law are only triggered when an arrest is officially made. Justice MM Nerlikar, presiding over the case, stated that custody and arrest are distinct legal concepts, and that the protections outlined in Article 22(2) of the Constitution and Section 58 of the Bharatiya Nagrik Suraksha Sanhita apply only after a formal arrest. The ruling came as the court granted bail to an accused in a murder case, highlighting procedural violations in the arrest process. The case originated from a crime registered at Gadchiroli police station, where the accused was linked to an incident involving a woman found with fatal head injuries. The petitioner’s counsel, MA Deo, argued that the accused was taken into custody from Pune on April 17, 2025, but was formally arrested and produced before a magistrate only on April 18. The prosecution, represented by public prosecutor SZ Haider, contended that the timeline for legal safeguards should begin from the moment of formal arrest, asserting that the accused was presented before the magistrate within 24 hours of that arrest. However, the court examined station diary entries and other records, concluding that the accused had been under police control since April 17. While acknowledging that "custody does not include arrest, however arrest includes custody," Justice Nerlikar emphasized that investigative agencies cannot bypass procedural requirements by delaying formal arrest despite holding a person in custody.#bombay_high_court #nagpur_bench #ma_deo #sz_haider #gadchiroli_police_station
