Supreme Court draws line: Police cannot delay 24-hour arrest clock by recording arrest later

The Supreme Court on Thursday, November 5 clarified that the constitutionally mandated 24-hour period for producing an arrested person before a magistrate begins from the moment of actual detention and not from the time the police formally record the arrest. The ruling reinforces the safeguards against prolonged police custody under Article 22(2) of the Constitution.

A bench of Justices Ujjal Bhuyan and Atul S Chandurkar held that the police cannot distinguish between detention and formal arrest to determine when the mandatory 24-hour period begins. It said any interpretation that allows the police to calculate the deadline from the time of formal arrest would undermine the constitutional protection guaranteed to individuals.

The bench observed that such an approach would be inconsistent with Article 22(2) of the Constitution and Section 56 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which require an arrested person to be produced before the nearest magistrate within 24 hours of detention.

Clarifying the permissible exclusions while calculating the deadline, the Supreme Court said only the reasonable time required to travel from the place of arrest to the magistrate's court can be excluded.

The court further held that time spent by the police on preliminary inquiry, investigation, searches or seizures before formally recording an arrest cannot be excluded from the 24-hour calculation.

Article 22(2) of the Constitution provides that no person arrested and detained in custody can be held beyond 24 hours without being produced before the nearest magistrate, excluding the time necessary for the journey from the place of arrest to the court.

The bench also disapproved of earlier interpretations by the Orissa, Madras and Kerala High Courts, which had permitted the period of detention before formal arrest to be excluded while calculating the constitutionally prescribed deadline.

In a significant observation on the consequences of violating the safeguard, the Supreme Court held that a person detained beyond the permissible 24-hour period without being produced before a magistrate must be released immediately.

The court also issued directions to magistrates to ensure stricter scrutiny of detention periods. It said magistrates must record the actual date and time of detention and independently verify whether the constitutional requirement has been complied with.

They must also examine whether the period of detention is reasonable and retain the authority to refuse remand if the detention is found to be excessive.

The ruling underscores that the constitutional protection begins from the moment a person is actually deprived of liberty, and cannot be circumvented by delaying the formal recording of arrest.