Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 58: Person arrested not to be detained more than twenty-four hours.
No 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. Such period shall not, in the absence of a special order of a Magistrate under section 187, exceed twenty-four hours, exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court, whether having jurisdiction or not.
Brefe Detail
Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 establishes that no police officer may detain an individual arrested without a warrant for more than twenty-four hours, unless a Magistrate issues a special order. This time frame does not include the duration needed to transport the arrested person to the Magistrate's Court.
Question & Answers
Q: What does Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 address?
A: It addresses the maximum duration for which a person arrested without a warrant can be detained in custody.
Q: How long can a person be detained without a warrant according to this section?
A: A person can be detained for no longer than twenty-four hours, unless a Magistrate issues a special order.
Q: Does the twenty-four hour detention limit include travel time to the Magistrate's Court?
A: No, the twenty-four hour limit does not include the time necessary for the journey from the place of arrest to the Magistrate's Court.
Q: What must happen if a police officer needs to detain a person for more than twenty-four hours?
A: A special order from a Magistrate under section 187 is required to extend the detention beyond twenty-four hours.
Example
- If a person is arrested without a warrant, they must be brought before a Magistrate within twenty-four hours of their arrest, excluding any travel time.
- A police officer can only detain an individual for more than twenty-four hours if a Magistrate issues a special order justifying the extended detention.
Summary
Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 stipulates that individuals arrested without a warrant cannot be held in custody for more than twenty-four hours, barring a special order from a Magistrate. The detention period does not include travel time to the court.
