Arrest and detention are two distinct legal concepts related to the restriction of an individual’s liberty. While they share similarities, there are key differences between the two.
Arrest
Arrest involves the physical apprehension or restraint of an individual by a lawful authority, typically a police officer, based on reasonable grounds to believe that the person has committed or is about to commit a crime. The purpose of an arrest is to bring the person into custody, ensuring their presence during legal proceedings. It is often accompanied by the deprivation of the person’s freedom of movement.
Key features of an arrest:
- Involves physical apprehension or restraint.
- Based on reasonable grounds of involvement in a criminal offence.
- Aimed at ensuring the person’s presence during legal proceedings.
- Typically carried out by law enforcement officers.
Detention
Detention refers to the temporary holding or confinement of an individual by a legal authority, either as a preventive measure or during legal proceedings. Unlike arrest, detention does not necessarily involve physical apprehension. It can occur after an arrest or as a separate action authorized by law. Detention can be for various reasons, including further investigation, protection of public safety, or as a precautionary measure.
Key features of detention:
- May or may not involve physical restraint.
- Can be carried out after an arrest or as a separate action.
- Aimed at various purposes such as further investigation or safeguarding public safety.
- Can be authorized by law in specific circumstances.
Difference Between Arrest and Detention
Here’s a table highlighting the key differences between arrest and detention:
Note: Access complete CLAT Legal Reasoning notes here.
| Arrest | Detention | |
| Definition | Physical apprehension or restraint of an individual | Temporary holding or confinement of an individual |
| Purpose | To bring the person into custody for legal proceedings | Various reasons such as further investigation, public safety, or precautionary measures |
| Grounds | Based on reasonable grounds of involvement in a crime | Can be authorized by law in specific circumstances |
| Physical Restraint | Usually involves physical apprehension | May or may not involve physical restraint |
| Timing | Generally occurs before or at the time of arrest | Can occur after an arrest or as a separate action |
| Duration | Can lead to subsequent detention during legal proceedings | Temporary, but can vary depending on the circumstances |
| Authority | Carried out by law enforcement officers | Authorized by legal authority |
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