DIFFERENCE BETWEEN ARREST, DETENTION & CUSTODY

Er. Sundeep Bansal, BE, LLB

For the Council of Engineers and Valuers
(For Professional Circulation among Valuers, Chartered Engineers, and Financial Experts)

Basis	Arrest	Custody	Detention
Meaning	An arrest is the formal act of taking a person into legal confinement by a lawful authority to answer a criminal charge or prevent the commission of an offence.	Custody refers to the control or charge exercised over a person by the police or a court, with or without formal arrest.	Detention means confinement of a person by authority of law without formal criminal charges, often as a preventive or temporary measure.
Statutory Basis	BNSS, 2023 (corresponding to Chapter V of CrPC, 1973)	Implied under BNSS provisions relating to arrest, remand, and production before a Magistrate	Preventive laws (e.g., preventive detention laws) and specific provisions under criminal procedure
Formality	Always a formal act involving the communication of the grounds of arrest	May be formal or informal	Usually administrative or preventive, not criminal prosecution
Use of Force / Restraint	May involve physical restraint or confinement	May or may not involve physical restraint	Involves confinement, but not necessarily physical restraint
Communication of Grounds	Mandatory to inform the grounds of arrest and the right to bail (except specific cases)	Not mandatory in all cases	Grounds must be communicated as per constitutional and statutory safeguards
Objective	To ensure the appearance of the accused before the court and facilitate the investigation	To maintain lawful control during an investigation or a trial	To prevent future threats to public order, security, or sovereignty
Legal Status of Person	A person becomes an accused	A person may be a suspect, witness, or accused	A person is not necessarily an accused in a criminal case
Judicial Oversight	Mandatory production before a magistrate within 24 hours	Judicial or police custody is subject to the Magistrate’s orders	Judicial review is available but limited in preventive detention
Duration	Limited by BNSS safeguards and court orders	Police custody and judicial custody are subject to statutory limits	Duration governed by specific detention laws
Example	Arrest of an accused for a cognizable offence under the BNSS	Person kept in police custody during the investigation	Preventive detention under special statutes to maintain public order