New Delhi, Nov. 5: The Supreme Court has clarified that the constitutional 24 hour deadline for producing an accused before a magistrate begins from the moment of detention, not arrest.
The court said Article 22(2) of the Constitution requires authorities to produce an arrested person before a magistrate within 24 hours. However, officials cannot delay the calculation by distinguishing between detention and formal arrest.
The ruling came while hearing a petition related to the 2025 arrest of an alleged drug smuggler. A bench comprising Justices Ujjal Bhuyan and Atul S. Chandurkar delivered the judgment.
Supreme Court Sets Out Guidelines on Detention
The Supreme Court said authorities must release a person if they fail to produce them before a magistrate within 24 hours of detention. However, the time required for travel to reach the magistrate will be exclud
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The court also said authorities cannot create an additional buffer period under Article 22(2). Detention must comply with Section 58 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
It further directed magistrates to record the date and time of detention. If authorities exceed the permitted period, magistrates can refuse to grant remand.
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