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BNSS, 2023
Start Practicing
BNSSChapter VSection 58
Section58

Person arrested not to be detained more than twenty-four hours

AI Assist

Summary

A person arrested without a warrant cannot be kept in police custody longer than is reasonable. Normally the arrested person must be produced before a magistrate within 24 hours, excluding the time needed to travel to the magistrate's court. Only a special magistrate order can lawfully extend that period.

Example

Ravi is arrested without a warrant at 6 pm. The police must produce him before a magistrate within 24 hours, excluding travel time to the magistrate's court; if they keep him longer without a magistrate's special order, the detention is unlawful.

Bare Act

Enacted text

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.

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V

Chapter V

Arrest of Persons

In this chapter

  • 35When police may arrest without warrant
  • 36Procedure of arrest and duties of officer making arrest
  • 37Designated police officer
  • 38Right of arrested person to meet an advocate of his choice during interrogation
  • 39Arrest on refusal to give name and residence
  • 40Arrest by private person and procedure on such arrest
  • 41Arrest by Magistrate
  • 42Protection of members of Armed Forces from arrest
  • 43Arrest how made
  • 44Search of place entered by person sought to be arrested
  • 45Pursuit of offenders into other jurisdictions
  • 46No unnecessary restraint
  • 47Person arrested to be informed of grounds of arrest and of right to bail
  • 48Obligation of person making arrest to inform about arrest, etc., to relative or friend
  • 49Search of Arrested person
  • 50Power to seize offensive weapons
  • 51Examination of accused by medical practitioner at request of police officer
  • 52Examination of person accused of rape by medical practitioner
  • 53Examination of arrested person by medical officer
  • 54Identification of person arrested
  • 55Procedure when police officer deputes subordinate to arrest without warrant
  • 56Health and safety of arrested person
  • 57Person arrested to be taken before Magistrate or officer in charge of police station
  • 58Person arrested not to be detained more than twenty-four hours
  • 59Police to Report apprehensions
  • 60Discharge of Person apprehended
  • 61Power, on escape, to pursue and retake
  • 62Arrest to be made strictly according to Sanhita
Previous · Section 57Person arrested to be taken before Magistrate or officer in charge of police stationNext · Section 59Police to Report apprehensions