Detention beyond 24 hours without magistrate’s approval must lead to immediate release: SC

The Supreme Court on Thursday ruled that a person detained for more than 24 hours without being produced before a magistrate must be released forthwith, holding that the constitutional deadline begins from the moment of actual detention and not from the time of formal arrest.

A bench of Justices Ujjal Bhuyan and Atul S Chandurkar said there could be no artificial distinction between ‘arrest’ and ‘detention’ while interpreting Article 22(2) of the Constitution.

The court observed that the 24-hour period must be calculated from the moment a person's liberty is curtailed. Any attempt by investigating agencies to exclude the period of detention before formally recording an arrest would violate the constitutional safeguard.

“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 said.

The court clarified that the only period excluded while calculating the 24-hour deadline is the time reasonably required for travelling from the place of arrest to the magistrate's court. Time spent on inquiry, investigation, search or seizure before formal arrest cannot be excluded.

The ruling came while hearing appeals filed by four persons in a case registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, who had challenged a Tripura High Court order denying them bail.

The four were detained on September 29, 2025, at around 2 pm during a search and seizure operation but were formally shown as arrested only at 11 am the following day. The Supreme Court held that the 24-hour deadline had to be calculated from the time they were first detained.

The bench also emphasised that detention must not exceed a reasonable period even within the constitutionally permitted 24 hours.

It said magistrates must independently verify compliance with the deadline and record the actual date and time of detention when an accused is produced before them.

The court further held that magistrates could refuse to authorise further remand if they found that the period of detention was unreasonable.

The Supreme Court set aside the Tripura High Court's decision and directed that the four appellants be released on bail, subject to conditions imposed by the special court.