1. That the offender arrests or detains another person;
2. That the purpose of the offender is to deliver him to the proper authorities; and
3. That the arrest or detention is not authorized by law or there is no reasonable ground therefor.

Offender is any person. Either a public officer or private individual may be liable.

Arrest/ detention refers to warrantless arrests.

In Article 125 (Delay in the delivery of detained persons to the proper judicial authorities), the detention is for some legal ground. While in an unlawful arrest, the detention is not authorized by law.

Generally, this crime is committed by incriminating innocent persons by the offender’s planting evidence to justify the arrest – a complex crime results, that is, unlawful arrest through incriminatory machinations under Article 363.

If the person arrested is not delivered to the authorities, the private individual making the arrest incurs criminal liability for illegal detention under Article 267 or 268.

If the offender is a public officer, the crime is arbitrary detention under Article 124.

If the detention or arrest is for a legal ground, but the public officer delays delivery of the person arrested to the proper judicial authorities, then Article 125 will apply.