– Person Arrested Not To Be Detained More Than Twenty-Four Hours.

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

1. 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.
2. 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.
3. 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

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