From The Hindu
Center-Left Owned by Kasturi & Sons Ltd.24-hour arrest rule starts from detention: Supreme Court
What's behind this
The Supreme Court clarified that the constitutional 24‑hour deadline for producing a person before a magistrate begins at the moment of actual detention, not at the time of a formal arrest. The Court said the clock starts when a police officer physically restrains a person’s liberty, and that this protection applies even under special statutes such as the UAPA, PMLA and NDPS. A bench comprising Justices Ujjal Bhuyan and Atul S Chandurkar delivered the ruling, noting that delays in formal arrest cannot breach constitutional rights.
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What each side is saying
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left · 2 outlets
New Delhi: The Supreme Court on Thursday ruled that the constitutional mandate of producing an arrested person before a magistrate within 24 hours begins from the moment of detention, when liberty is curtailed, and not from the time of formal arrest recorded by the police. A bench of Justices Ujjal…
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center · 6 outlets
In an important ruling expanding the scope and ambit of civil liberties, the Supreme Court on Thursday ruled that the 24-hour constitutionally mandated deadline to produce an accused before a Judicial Magistrate runs from the time of his detention and not just from the time of his formal arrest by…
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right · 1 outlet
The Supreme Court ruled that the 24-hour period for presenting an accused to a magistrate starts with actual detention. This ruling clarifies that delays in formal arrests cannot violate constitutional protections. A recent case involved four individuals arrested under the NDPS Act with an…
RSS excerpt
The 24-hour rule to produce a detainee before court starts the moment a police officer ‘touches the body’ to restrain liberty, says top court; right to life and liberty cannot be curtailed by even ‘special statutes’ like UAPA, PMLA, NDPS, says court