Chapter V
Section 57 CrPC: Person arrested not to be detained more than twenty-four hours
New Law Update (2024)
Section 62 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
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, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.
Important Sub-Sections Explained
Landmark Judgements
D.K. Basu v. State of West Bengal (1997):
This landmark Supreme Court case laid down comprehensive guidelines to be followed by police authorities during arrest and detention to prevent custodial torture and ensure the protection of the fundamental rights of arrested persons, including the right to be informed of the grounds of arrest and to have a friend or relative informed.
Joginder Kumar v. State of U.P. (1994):
The Supreme Court in this case emphasized the crucial right of an arrested person to have a friend, relative, or other person known to him or having an interest in his welfare, informed of his arrest and the place of his detention. It further mandated that the police officer must inform the Magistrate that these rights have been complied with.