Under Article 22 of the Constitution of India and Section 58 of the Bharatiya Nyaya Sanhita (BNSS), police cannot detain an arrested person for more than 24 hours without producing them before a court magistrate, and this 24-hour period does not include travel time; if extended custody is needed, police must obtain magistrate permission through remand proceedings. Every arrested person has the right to consult a lawyer and must be informed of the reason for their detention. Illegal detention beyond permitted time without court approval may constitute a violation of fundamental rights.
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🚨 Arrest vs Detention — Know the Difference! ⚖️Ajouté :
Namashkar everyone. Welcome back to my channel Legal Ease by Aditi Sahay. Let's move on with today's topic. Do you know how long a police can detain a person under Article 22 of the Constitution of India and Section 58 of BNSS? Police cannot keep an arrested person in custody for more than 24 hours without producing them before the court magistrate. And this 24 hour does not include the travel time required to take the person to the court. If the police want to keep the arrested person in custody for more than 24 hours, then they must get the permission from the magistrate through remand proceedings.
This legal protection exists to prevent illegal detention and misuse of police powers. Also remember, guys, every arrested person have the right to consult a lawyer and they must know the right they must know the know the reason behind they they are being taken into custody. So, if someone is detained illegally beyond the permitted time with and without the court approval, it may amount to violation of fundamental rights. So, thank you everyone for giving so much love to my last video by liking, commenting, and sharing the same.
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