Question
Under the BNSS, 2023, what is the maximum duration for
which a person can be kept in police custody without the order of a Magistrate?ÂSolution
According to Section 58 of the BNSS, 2023, a person arrested without a warrant must be produced before a Magistrate within 24 hours, excluding the time necessary for the journey from the place of arrest to the Magistrate’s Court. This is in line with the constitutional guarantee under Article 22(2) of the Indian Constitution and replaces similar provisions under the CrPC. The intention is to safeguard the rights of the arrested person and prevent illegal detention.
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