Code of Criminal Procedure, 1973–Sec. 41 [Corresponding Sec. 35 of BNSS, 2023]–Constitution of India, 1950–Art. 22(1)–Once it is held that arrest is unconstitutional due to violation of Art. 22(4), the arrest itself is vitiated–Therefore, continued custody of such person based on orders of remand is also vitiated–Filing of a charge sheet and order of cognizance will not validate an arrest which is per se unconstitutional.
