Supreme Court Rules 24-Hour Deadline for Producing Arrested Persons Before Magistrate Begins from Detention

PTI, Nov 5, 2026, New Delhi: In a significant judgment, the Supreme Court on Thursday ruled that the 24-hour constitutional deadline for producing an arrested person before a magistrate begins from the moment they are detained, and not from the time the police formally make the arrest.

Holding that there can be no artificial distinction between 'arrest' and 'detention' for the purpose of Article 22(2) of the Constitution, a bench of Justices Ujjal Bhuyan and Atul S Chandurkar said any interpretation allowing the police to exclude the period of pre-arrest detention would be contrary to the constitutional mandate.

"The view that 24 hours begin only from the formal arrest is contrary to the constitutional mandate of Article 22(2) and Section 56 of the BNSS," the bench observed.

The apex court's judgment came in an appeal by four accused persons who had challenged the denial of their bail plea by the Tripura High Court in connection with a case registered under various provisions of the NDPS Act.

In this case, the accused were taken into custody around 2.30 pm on September 29, 2025, when the investigating agency allegedly recovered 11.03 kg of methamphetamine tablets from them.

The court noted that their arrest was recorded only at 11.15 am on September 30, 2025, and they were brought before a magistrate at 4.45 pm on September 30, more than 24 hours after they were first detained.

The bench noted that the investigating agency had not explained the 18-hour gap between the conclusion of the search and seizure and the formal arrest.

"Eighteen hours in custody without judicial oversight is a long period, with misuse and abuse of authority a clear possibility," the bench said.