SC Rules 24-Hour Arrest Deadline Begins From Detention, Not Formal Arrest

The Supreme Court on Thursday ruled that the constitutional 24-hour deadline for producing an arrested person before a magistrate begins from the moment of detention, and not from the time the police formally records the arrest.

A bench of Justices Ujjal Bhuyan and Atul S Chandurkar held that there can be no artificial distinction between arrest and detention for the purpose of Article 22(2) of the Constitution, which safeguards individuals against prolonged custody without judicial oversight.

The court observed that an interpretation allowing the police to exclude the period of detention before formal arrest would be contrary to the constitutional mandate and Section 56 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The bench clarified that only the time reasonably required to travel from the place of arrest to the magistrate's court can be excluded while calculating the 24-hour period. Time spent on inquiry, investigation, search or seizure before formal arrest must be included.

The bench also emphasised that detention must not exceed a reasonable period, even within the constitutionally prescribed 24-hour limit.

It said judicial magistrates must record the actual date and time of detention and independently examine whether the constitutional deadline has been followed.

Magistrates must also assess whether the duration of detention is reasonable in the circumstances and can decline remand if the detention is excessive, the court said.

The detailed judgment is awaited.