Detained first, arrested later? Supreme Court says police cannot use the gap to delay your court appearance
The ruling came in a case involving four people who had challenged the Tripura High Court's decision denying them bail in an NDPS case.
- Nov 5, 2026,
- Updated Nov 5, 2026 5:20 PM IST
The Supreme Court on Thursday said the 24-hour period for producing a person before a Magistrate starts from the time the person is detained, not from the time police formally arrest them, according to a report by Live Law.
The Court said there cannot be a separate period of detention before an arrest is officially recorded.
A bench of Justice Ujjal Bhuyan and Justice Atul S Chandurkar said the 24-hour rule under Article 22(2) of the Constitution starts when a person's freedom is actually taken away.
“The view that 24 hours begin only from the formal arrest is contrary to the constitutional mandate of Article 22(2) and 56 of BNSS,” the bench said.
24-hour period starts from detention
The Court said police cannot leave out the time spent questioning or investigating a person before formally showing them as arrested.
“Article 22(2) does not sanction exclusion of the time taken for inquiry or investigation before the arresting authority could effect arrest of the detainee. This is beyond the mandate of clause (2) of Article 22. The only exception the Constitution itself provides is the time necessary for the journey from the place of arrest to the court of the magistrate,” the Court said.
The Court also said any attempt to create a difference between “arrest” and “detention” is not valid under the Constitution.
Don't Miss: Supreme Court allows green firecrackers in Delhi-NCR on Diwali; sets strict timings
It directed Magistrates to record the actual date and time when a person was detained and check whether they were produced within 24 hours.
Supreme Court orders release of four people
The ruling came in a case involving four people who had challenged the Tripura High Court's decision denying them bail in an NDPS case.
The four were detained on September 29, 2025, at 2 PM during a search and seizure. They were formally shown as arrested at 11 AM on September 30, 2025.
The Supreme Court said they should have been produced before a Magistrate within 24 hours from September 29 at 2 PM.
The Court noted that they were kept in detention for about 18 hours without judicial oversight. It held that this violated Article 22(2) and ordered their immediate release.
The case involved the seizure of 11.03 kg of yaba tablets.
What Magistrates must check
The Court said that if detention continues beyond 24 hours before the person is produced before a Magistrate, the person must be released.
It also said no time can be left out while counting the 24 hours, except the time needed to travel from the place of arrest to the Magistrate's court.
The Magistrate must also check whether the detention was longer than what was reasonable, even if it was within the 24-hour limit. If the detention was found to be unreasonably long, the Magistrate may refuse remand.
The Supreme Court on Thursday said the 24-hour period for producing a person before a Magistrate starts from the time the person is detained, not from the time police formally arrest them, according to a report by Live Law.
The Court said there cannot be a separate period of detention before an arrest is officially recorded.
A bench of Justice Ujjal Bhuyan and Justice Atul S Chandurkar said the 24-hour rule under Article 22(2) of the Constitution starts when a person's freedom is actually taken away.
“The view that 24 hours begin only from the formal arrest is contrary to the constitutional mandate of Article 22(2) and 56 of BNSS,” the bench said.
24-hour period starts from detention
The Court said police cannot leave out the time spent questioning or investigating a person before formally showing them as arrested.
“Article 22(2) does not sanction exclusion of the time taken for inquiry or investigation before the arresting authority could effect arrest of the detainee. This is beyond the mandate of clause (2) of Article 22. The only exception the Constitution itself provides is the time necessary for the journey from the place of arrest to the court of the magistrate,” the Court said.
The Court also said any attempt to create a difference between “arrest” and “detention” is not valid under the Constitution.
Don't Miss: Supreme Court allows green firecrackers in Delhi-NCR on Diwali; sets strict timings
It directed Magistrates to record the actual date and time when a person was detained and check whether they were produced within 24 hours.
Supreme Court orders release of four people
The ruling came in a case involving four people who had challenged the Tripura High Court's decision denying them bail in an NDPS case.
The four were detained on September 29, 2025, at 2 PM during a search and seizure. They were formally shown as arrested at 11 AM on September 30, 2025.
The Supreme Court said they should have been produced before a Magistrate within 24 hours from September 29 at 2 PM.
The Court noted that they were kept in detention for about 18 hours without judicial oversight. It held that this violated Article 22(2) and ordered their immediate release.
The case involved the seizure of 11.03 kg of yaba tablets.
What Magistrates must check
The Court said that if detention continues beyond 24 hours before the person is produced before a Magistrate, the person must be released.
It also said no time can be left out while counting the 24 hours, except the time needed to travel from the place of arrest to the Magistrate's court.
The Magistrate must also check whether the detention was longer than what was reasonable, even if it was within the 24-hour limit. If the detention was found to be unreasonably long, the Magistrate may refuse remand.