Quick answer: Anyone arrested in India must be produced before a magistrate within 24 hours. The Supreme Court has now made clear that this 24-hour rule after arrest starts the moment police or an agency actually take away your freedom to leave – not the later time written on the arrest memo. If the deadline is missed, the person must be released.
What happened
On 5 November 2026, a bench of Justices Ujjal Bhuyan and Atul S. Chandurkar decided Sujit Das v. Union of India (2026 INSC 1195), according to reports in Business Standard, The Daily Pioneer, India Legal and Verdictum.
The appellants were accused in a drug case under the NDPS Act registered by the Customs department in Agartala, Tripura. Both the Special Judge and the Tripura High Court had refused them bail. Before the Supreme Court, the key question was time:
- The search and seizure ended at about 5 pm on 29 September, and the appellants were held from then on.
- Their arrest was formally recorded only the next morning – a gap of about 18 hours that the agency did not explain.
- They were produced before a magistrate at 4:45 pm on 30 September – nearly three hours after 24 hours had run out, if counted from when they were first held.
The Supreme Court held that their detention beyond 24 hours was illegal and ordered them released. Reports note that the release rests on the breach of the 24-hour rule, not on any finding about the drug charge itself – the case continues.
The law: Article 22(2) and Section 58 BNSS
Article 22(2) of the Constitution says every person who is "arrested and detained in custody" must be produced before the nearest magistrate within 24 hours, leaving out only the time needed to travel from the place of arrest to the court. Nobody can be kept in custody beyond that without a magistrate's order.
The same rule is in Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) – earlier Section 57 of the CrPC. If police need more time to investigate, they must go to the magistrate under Section 187 BNSS (earlier Section 167 CrPC), who decides whether to allow further custody.
Some agencies and courts had treated the time between "detaining" someone for a search and "formally arresting" them as a grey zone that did not count. The Supreme Court rejected this. As reported, the court held that:
- Detention and arrest mean the same thing for Article 22(2). The Constitution does not recognise any detention that is separate from arrest.
- The clock starts when liberty is curtailed – that is, when you are no longer free to go – whatever time the paperwork shows.
- No "buffer zone". Police cannot hold a person for investigation while not showing them as arrested. The only time that can be left out is the journey to the magistrate.
- 24 hours is the outer limit, not a right to hold you for 24 hours. Under Section 58 BNSS the detention must also be reasonable in the circumstances. Here, the unexplained 18-hour gap was held unreasonable.
- Magistrates must check. When a person is produced, the magistrate must record the actual date and time of detention, not just rely on the arrest memo, and see whether the deadline was met.
Because it is a Supreme Court judgment, it binds all courts in India under Article 141.
Your rights if you are arrested
The 24-hour rule sits alongside other safeguards. In short:
| Right | Where it comes from |
|---|---|
| Be told the grounds of arrest – in writing, in a language you understand | Article 22(1); Section 47 BNSS; Supreme Court in Mihir Rajesh Shah (November 2025) |
| Be told if the offence is bailable and that you can get bail | Section 47 BNSS |
| A relative or friend is informed of the arrest and place of custody | Section 48 BNSS |
| Consult a lawyer of your choice | Article 22(1) |
| Be produced before a magistrate within 24 hours (travel time excluded) | Article 22(2); Section 58 BNSS |
| Custody beyond 24 hours only by a magistrate's order | Section 187 BNSS |
In Mihir Rajesh Shah, the Supreme Court held that written grounds of arrest must be given at least two hours before the person is produced for remand; otherwise the arrest and remand are illegal.
Exceptions: Article 22(3) says these protections in Article 22(1) and (2) do not apply to an enemy alien, or to a person held under a preventive detention law, which has its own separate rules.
What it means for ordinary people
- Note the time. If you or a family member is picked up – even "just for questioning" or during a raid – note when it happened and who was there. That time, not the arrest memo, is what counts.
- Tell the magistrate. At the first production, the lawyer can point out the real time of detention. The magistrate is now duty-bound to record it.
- If 24 hours have passed, the lawyer can ask for immediate release, apply for bail on that ground, or file a habeas corpus petition in the High Court.
- Being questioned is not always detention. If you are genuinely free to leave, the clock has not started. The test is whether your liberty was actually restricted.
The ruling does not decide whether anyone is guilty. It is about procedure – but in criminal law, procedure is what protects personal liberty under Article 21.
For more on police powers, read our explainers on police encounters and the law and deemed suspension of public servants held in custody for over 48 hours.
Sources
- Sujit Das v. Union of India, 2026 INSC 1195, Supreme Court of India, decided 5 November 2026 (as reported by Business Standard, The Daily Pioneer, India Legal and Verdictum, 5–6 November 2026)
- Constitution of India, Articles 21, 22 and 141
- Bharatiya Nagarik Suraksha Sanhita, 2023 – Sections 47, 48, 58 and 187
- Mihir Rajesh Shah v. State of Maharashtra, Supreme Court, 6 November 2025 (as reported by The Tribune and Deccan Herald)
How Nevo can help
If a family member has been arrested and you need help with bail or with checking whether their rights were followed, you can speak to a lawyer about bail and anticipatory bail through Nevo Legal, or book a general lawyer consultation.
When does the 24-hour period start after arrest?
From the moment your liberty is actually restricted by the police or agency – not from the time written on the arrest memo, as the Supreme Court held on 5 November 2026.
Is travel time counted in the 24 hours?
No. The time needed to travel from the place of arrest to the magistrate's court is left out. Nothing else is.
What happens if police do not produce a person within 24 hours?
The detention beyond 24 hours is illegal and the person must be released. A lawyer can raise this before the magistrate, in a bail application or in a habeas corpus petition.
Can police keep someone for 24 hours as a matter of right?
No. 24 hours is the maximum. Under Section 58 BNSS, the detention must also be reasonable, and an unexplained delay can itself make it illegal.
This article is general information, not legal advice. For advice on your situation, speak to an expert.
