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C. Illegal arrest abroad
that “the punishment for the illegal arrest, detention or confinement of a person, without the concurrence of any of the circumstances indicated in paragraphs (b), (c), (d), (e), (f) and (g) of Section 86 and in Section 87, shall be imprisonment from seven months to one year, if the offender, before the commencement of any proceedings, shall have restored to liberty the person arrested, detained or confined, within twenty-four hours from the arrest, detention or confinement: provided during that time the offender shall not have attained the object for which that person was arrested, detained or confined” .
The object of this reduction of punishment is to give to the offender a strong motive to release his prisoner within a short time. But four conditions require to be satisfied in order that this benefit may be available:
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i. The arrest, detention or confinement must not be aggravated
ii. The release must follow within twenty-four hours
iii. Before the inception of any proceedings; and
iv. The offender must not have in the meantime achieved the purpose he had in view in perpetrating the arrest, detention or confinement.
If the release takes place after proceedings of any sort in connection with the crime have already been set afoot, the benefit is not available, for in such case the law presumes that the desistance from the further continuance of the crime is merely the effect of fear inspired by the action of justice and not of returning good feeling or other voluntary cause. Likewise, if the offender has already attained the object for which the arrest was affected, the crime is fully completed and the law presumes that the prisoner is released not out of any repentance on the part of the offender but only because the continuance of the arrest, detention or confinement is not any longer required for his own purpose.
C. Illegal arrest abroad Section 89 lays down:
“Whosoever unlawfully and forcibly removes any subject of His Majesty to any other country or wrongfully detains, arrests or confines any such subject in any other country, shall suffer the punishment established in Section 86” .
