Section 58 BNSS: Person arrested not to be detained more than twenty-four hours (Formerly Section 57 CrPC)

Section 58 of Bharatiya Nagarik Suraksha Sanhita, 2023: Person arrested not to be detained more than twenty-four hours

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 187, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court, whether having jurisdiction or not.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Arrest Sec 35

Legal Commentary & Landmark Judgments: Section 58

Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 mandates that no arrested person shall be detained in police custody for more than twenty-four hours without a special order of a Magistrate.

Core Legal Standard: Section 58 enacts the foundational constitutional guarantee of Article 22(2).
Process Issuance & Attendance: It provides that no police officer shall detain in custody a person arrested without warrant for a longer period than under all circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under Section 187, exceed twenty-four hours, exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.

Key Landmark Precedents:

Manoj v. State of M.P. (1999) 3 SCC 715: The Supreme Court ruled that detention beyond 24 hours without magisterial remand is illegal confinement, rendering subsequent detention void and entitling the victim to constitutional compensation.
State of Punjab v. Ajaib Singh (AIR 1953 SC 10): Affirmed that production before a judicial magistrate within 24 hours is an absolute constitutional imperative designed to curb arbitrary executive detention.

Legal Commentary:

Section 58 is the cornerstone of personal liberty in criminal procedure. The 24-hour clock begins running the exact moment physical custody is assumed. Any delay beyond 24 hours without judicial authorization renders the detention unconstitutional and opens immediate remedies in habeas corpus.