Person arrested not to be detained more than twenty-four hours
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Summary
A person arrested without a warrant must not be kept in police custody longer than is reasonable, and normally not more than twenty-four hours. The twenty-four hours exclude the time needed to travel from the place of arrest to the Magistrate’s Court. Only a Magistrate under section 167 can order detention beyond that period.
Example
Priya is arrested without a warrant for a shop dispute. The police must present her to the Magistrate’s Court within twenty-four hours, excluding travel time, and cannot keep her longer in custody unless a Magistrate under section 167 authorises more detention.
Bare Act
Enacted textNo 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.
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