Highlights of SC judgement in 24-hour deadline for producing arrested person

NEW DELHI: Following are the highlights of the Supreme Court judgement on Thursday on the constitutional deadline for producing an arrested person before a magistrate.

A bench of justices Ujjal Bhuyan and Atul S Chandurkar ruled that the 24-hour constitutional deadline for producing an arrested person before a magistrate begins from the moment he is detained and not from the time the police formally makes the arrest.

* 24 hours timeline as mandated under clause (2) of Article 22 of the Constitution would commence from the date and time of detention of the person detained when his liberty stands curtailed and not from the time of his formal arrest.

* In the event such detention continues beyond 24 hours before the person is produced before a magistrate, he shall be forthwith released from custody.

* While computing the 24 hours deadline, no other time period is permitted to be excluded therefrom except the time necessary for the journey from the place of arrest to the court of the magistrate.

* Decisions of the Orissa, Madras and Kerala high courts do not lay down the correct law qua interpretation of clause (2) of Article 22 of the Constitution .

* Detaining authority should keep in mind not only the 24 hours deadline mandated by clause (2) of Article 22 of the Constitution but also ensure that such detention should not extend beyond a reasonable period within the 24 hours period considering the circumstances of the case in terms of Section 58 BNSS (Section 57 CrPC).

* At the time of production, the magistrate is duty bound to record the actual date and time of detention of the person produced before him when his liberty stood curtailed and examine whether the 24 hours deadline has been complied with or not from the time of such detention.

* If there is breach of the 24 hours deadline, the person concerned shall be released forthwith from detention;

* Magistrate shall also examine at the time of production whether the detention of the person produced, though is within the time frame of 24 hours, has exceeded the period which can be construed to be reasonable in the circumstances of the case.

* If magistrate is satisfied that detention in custody has been for a longer period than what is reasonable, he may decline remand.