Code
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 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.
Explanation
This section states that no person can be detained in custody for more than 24 hours, excluding the time taken for the journey from the place of arrest to the Magistrate’s court, without being produced before a Magistrate.
The Magistrate, upon examining the arrested person, has the power to:
- Release the person on bail.
- Order further detention for a specific period, not exceeding 15 days.
- Remand the person to judicial custody.
Illustration
Imagine a person is arrested at 10 AM on Monday. They are taken to the police station and interrogated. By 10 AM on Tuesday, they need to be brought before a Magistrate. The journey time between the police station and the court is 2 hours. In this scenario, the person can be detained at the police station for 22 hours (24 hours minus 2 hours journey time) before being presented to the Magistrate.
Common Questions and Answers
Q: Can a person be detained for more than 24 hours before being produced before a Magistrate?
A: No, unless the journey time from the place of arrest to the Magistrate’s court exceeds 24 hours.
Q: What happens if the Magistrate orders further detention beyond 15 days?
A: The person can challenge this order in a higher court.
Q: Does this section apply to all arrests?
A: Yes, this section applies to all arrests made under the Code of Criminal Procedure.
