Section 58: Person Arrested Not To Be Detained More Than Twenty-Four Hours
Explanation:
No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 187, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court, whether having jurisdiction or not. Here is more on person arrested not to be detained more than twenty-four hours:
Explanation:
Section 58 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) deals with the maximum period of detention for a person arrested without a warrant. It states that a police officer cannot detain such a person for longer than what is considered reasonable in the given circumstances.
The maximum permissible detention period, in the absence of a special order from a Magistrate under Section 187, is 24 hours. This period excludes the time taken for transporting the arrested person from the place of arrest to the Magistrate’s Court.
Illustration:
A person is arrested without a warrant at 10:00 AM on Monday. The journey from the place of arrest to the Magistrate’s Court takes 2 hours. The police officer can detain the person for a maximum of 24 hours (exclusive of the 2 hours travel time) which means until 10:00 AM on Tuesday, even without a Magistrate’s order.
Common Questions and Answers: on Person Arrested Not To Be Detained More Than Twenty-Four Hours
What happens if the police detain a person for more than 24 hours without a Magistrate’s order?
Such detention would be illegal and the person can seek legal recourse, including habeas corpus.
What is the purpose of this section?
Section 58 aims to prevent arbitrary detention and ensure that a person arrested without a warrant is brought before a Magistrate at the earliest opportunity.
Does this section apply to all arrests?
