24-hour period begins as soon as person is detained: Supreme Court
The Supreme Court has ruled that the 24-hour period to produce a person before a magistrate begins the moment they are taken into custody rather than upon formal arrest.
In a significant ruling on Thursday, the Supreme Court clarified that investigative agencies cannot keep a person in custody for a long time without showing a formal arrest. The court stated that the 24-hour constitutional period to present a person before a magistrate begins the very moment their liberty is curtailed, even if the arrest is shown later on paper.
A bench of Justice Ujjal Bhuyan and Justice A.S. Chandurkar rejected the arguments making a distinction between custody and arrest. The bench stated that there is no temporary restriction on liberty and carving out any intermediate period by making an artificial distinction between custody and arrest is completely unconstitutional.
The Supreme Court said that this right under Article 22(2) of the Constitution is extremely essential to prevent torture in police custody, as torture often happens when a person is apprehended but a formal arrest is not shown. The court stated that if someone is detained even during search or seizure, it will be mandatory to produce them before the court within 24 hours.
This matter was linked to an appeal by four persons caught under the Narcotic Drugs and Psychotropic Substances (NDPS) Act in Tripura. These persons were taken into custody on September 29, 2025 at 2:00 PM, but the police recorded their arrest at 11:00 AM the next day. The Supreme Court said they should have been produced within 24 hours counting from 2:00 PM on the first day, and ordered their immediate release due to violation of the rules.
The court directed that whenever a person is produced before a magistrate, they must record the exact date and time when the person was actually restrained. If the 24-hour limit has been violated, that person must be released. The court also clarified that no special law can override the fundamental rights granted by the Constitution.
Key developments
- According to the Supreme Court, the 24-hour period to produce a person before a magistrate will begin as soon as they are taken into custody.
- The court stated that no artificial distinction can be recognized between custody and formal arrest.
- In a Tripura case, four accused were ordered to be released immediately due to the violation of custody rules.
- Magistrates were instructed to record the actual time of detention and ensure compliance with the 24-hour limit.
