Code: Section 58 BNSS
58.
No police officer shall detain in custody a person arrested without a warrant for a period longer than reasonable under the circumstances.
Such detention shall not exceed 24 hours, excluding the time required for transportation to the Magistrate’s Court, unless a special order is issued by a Magistrate under Section 187 BNSS.
Explanation of Section 58 BNSS
Key Provisions
- Reasonable Detention Period
- A person arrested without a warrant cannot be held for an unreasonable duration.
- The maximum detention period must be justified based on the case circumstances.
- 24-Hour Time Limit
- Police cannot detain a person beyond 24 hours unless a Magistrate extends it under Section 187 BNSS.
- This 24-hour period excludes travel time to the Magistrate’s Court.
- Judicial Oversight Required
- To prevent unlawful detention, a Magistrate’s approval is needed for detention beyond 24 hours.
- Ensures due process and protects individual rights.
Illustration of Section 58 BNSS
1: Lawful Detention Within 24 Hours
Case: A person is arrested without a warrant at 10 AM. The police present him before the Magistrate at 9 AM the next day.
✅ Lawful, as the detention did not exceed 24 hours.
2: Unlawful Detention Beyond 24 Hours
Case: A suspect is arrested but not presented before a Magistrate for 48 hours without a special order.
❌ Unlawful detention, violating Section 58. The officer may face legal consequences.
3: Extension Beyond 24 Hours With Magistrate’s Order
Case: A suspect is arrested for a serious offense, and the police seek Magistrate’s permission under Section 187 BNSS to extend custody.
✅ Lawful, as a special order allows extended detention.
Common Questions and Answers on Section 58 BNSS
1. Can the police detain a person for more than 24 hours?
✅ Yes, but only if a Magistrate issues a special order under Section 187 BNSS.
2. What happens if the police fail to present the arrested person in time?
❌ The detention becomes illegal, and the arrested person can challenge it in court. The responsible officers may face disciplinary action.
3. Does the 24-hour period include travel time?
❌ No, travel time from the place of arrest to the Magistrate’s Court is excluded from the 24-hour limit.
4. Can a Magistrate refuse to extend detention beyond 24 hours?
✅ Yes, if the Magistrate finds no valid reason, they can deny the extension and order the person’s release or bail.
5. What is the purpose of this rule?
✅ It prevents illegal detentions and ensures that everyone’s rights are protected under due process.
Conclusion
Section 58 BNSS is a fundamental safeguard against illegal detention. It:
1. Limits police custody to a maximum of 24 hours without judicial approval
2. Ensures quick judicial oversight to protect individuals’ rights
3. Prevents police abuse of power
For more legal insights, visit ApniLaw! 🚀
