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Article 22(1) and Article 22(2), Constitution of India

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Can police automatically re-arrest someone released due to constitutional arrest violations?

Re-arrest After Constitutional Violation of Arrest Rights Requires Judicial Approval

Jaskaran Jeet Singh Deol vs State of Punjab

Criminal Law / Constitutional Law / Arrest and Detention

The Supreme Court held that re-arrest of a person released for violation of Articles 22(1) and 22(2) of the Constitution is not automatic and requires prior judicial sanction from the concerned Magistrate.

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