Supreme Court Says 24-Hour Arrest Deadline Starts From Actual Detention, Not Formal Police Arrest

New Delhi: The Supreme Court on Thursday held that the 24-hour constitutional limit for producing an arrested person before a magistrate must be calculated from the time of actual detention, and not from the time the police formally record the arrest.

A bench of Justices Ujjal Bhuyan and Atul S Chandurkar ruled that the distinction between arrest and detention cannot be used to extend the period of police custody, observing that excluding the period of detention preceding formal arrest would defeat the mandate of Article 22(2) of the Constitution.

"The view that 24 hours begin only from the formal arrest is contrary to the constitutional mandate of Article 22(2) and Section 56 of the BNSS," the bench observed.

The apex court clarified that the only period excluded while calculating the 24-hour deadline is the time reasonably required to travel from the place of arrest to the magistrate's court.

It said that time spent on preliminary inquiry, investigation, search or seizure before formal arrest cannot be excluded.

Disapproving of contrary views taken by the Orissa, Madras and Kerala High Courts in the Aryaman Pattanaik, Kannan and Arun K Thomas cases, respectively, the bench held that detention beyond the permissible period without production before a magistrate would require the person's immediate release.

The top court further emphasised that detention must remain reasonable even within the 24-hour constitutional limit.

It directed magistrates to independently verify compliance by recording the actual date and time of detention and examining whether its duration was justified in the circumstances. Magistrates may refuse remand if they find the period of detention excessive, said the bench.

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