Difference between arrest and detention can be found in the Criminal Justice System which is vague in nature. In this article, we will see the what is meaning of Arrest and Detention? and the difference between Arrest and Detention.
The terms Arrest and Detention are looks like equivalents to each other but actually, they are not similar. In every arrest, there is the detention of an individual but in every detention, there is no arrest.
So, let's discuss the meaning of Arrest and Detention and the difference between Arrest and Detention.
Meaning of Arrest
According to the Legal Dictionary, the term Arrest means, "A seizer or forcible restraint of a person: an exercise of power to deprive the person of his or her personal liberty; the taking or keeping of the person in custody by the legal authority, especially in response to a criminal charge."
There are two types of Arrest:
- Arrest with Warrant
- Arrest without Warrant
1. Arrest with Warrant
Arrest made in pursuance of a warrant which is issued by the Magistrate.
2. Arrest without Warrant
Arrest made without such a warrant but made in accordance with some legal provision for meeting such an arrest.
Meaning of Detention
The term "Detention" can be defined as, "When the Police Officer or any other Authority or any individual hold or detain an individual or group of persons under the suspicion of an illegal act but does not charge them with the crime is known as the Detention."
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In simple words, if the person is detained or held against his/her will and their personal liberties are violated for a time being, then this is called the person detained illegally.
The Police Authority has the right to detain the suspicious person for any wrongful act or any unlawful activity. But, the police officer cannot detain a person without any reasonable suspicion that the person committed any criminal activity. The police officer can detain the person for a certain period that is 24 hours later the police have to present the detained person before the magistrate.
Difference Between Arrest and Detention (Detained vs Arrested)
| Arrest | Detention |
|---|---|
| The word Arrest has been derived from the French word ‘Arret’ which means ‘to stop or to stay.' | The meaning of the term Detention is the act of retaining a person or property of a person and preventing the removal of such person or property. |
| Nowhere, the definition of Arrest has been provided either in the Criminal Procedure Code, or any other substantive law. | Detention is an act of detaining someone or the state of being detained in official custody. |
| In Arrest, the police officer needs perfect and hard evidence to arrest the suspicious person. | Whereas, in detention, the police officer needs reasonable grounds or reasonable suspicion to detain the suspected person. |
| The arrest is more serious compared to detention. | The detention is less serious compared to detention. |
| The arrest must be recorded on a criminal record. | The detention is not mandatory to record a criminal record. |