In India, the difference between being arrested and detained for questioning in criminal law is that arrest is the formal process of taking a person into custody, while detention for questioning is a less formal process of holding a person for questioning in connection with a crime.
When a person is arrested, they are taken into custody by the police and are charged with a specific offense. The person is then presented before a magistrate within 24 hours of the arrest, and the police must produce the person in court and explain the grounds of arrest. An arrested person has certain rights such as the right to be informed of the grounds of arrest, the right to be produced before a magistrate within 24 hours, the right to be bailed, etc.
When a person is detained for questioning, they are not formally charged with an offense, but are held by the police for questioning in connection with a crime. They do not have the same rights as an arrested person, and the police are not required to present them before a magistrate within 24 hours.
It’s worth noting that detention for questioning is not necessarily an arrest, and it is not a formal process, meaning that the person is not formally charged with an offense. The person detained is usually questioned to gather more information about a crime, and the police may release them if they do not find any evidence against the person.
It is important to note that the laws related to arrest and detention are complex and can be interpreted in different ways. It is advisable to seek legal advice from a qualified lawyer to understand how these laws apply to your specific situation and the best course of action.
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