If the police keep a person at the police station for several hours without filing an FIR (First Information Report) or presenting any legal reason, it may amount to illegal detention or custody, depending on the circumstances.
Legal Position in India:
1. Article 22(2) of the Constitution of India:
Every person who is arrested must be produced before a magistrate within 24 hours of arrest, excluding travel time. Detaining a person without arrest or FIR and not producing them before a magistrate may violate this right.
2. Section 57 of the CrPC:
An arrested person must not be detained for more than 24 hours without being brought before a magistrate.
3. Supreme Court Guidelines (DK Basu v. State of West Bengal, 1997):
Detention without documentation, such as arrest memo or FIR, is not lawful.
Detention must be recorded and communicated to a relative/friend.
4. No FIR but Detained:
If someone is called for questioning under Section 160 CrPC, they should be formally summoned and not detained unnecessarily.
If the police forcibly keep someone without legal grounds, it can be challenged as illegal detention.
Remedy:
If you or someone else is kept in the police station for hours without an FIR, legal order, or proper justification, it can be:
Challenged via writ of Habeas Corpus in High Court.
Grounds for compensation and disciplinary action against police officers under public law remedy.
Conclusion:
Yes, keeping a person at a police station for hours without filing an FIR and without legal process can be a fit case of illegal detention, and legal remedies are available.
Dr Anthony Raju Advocate Supreme Court and Chairman Indian National Human Rights Protection Council
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