Production Before Magistrate in 24 Hours
Police cannot hold you for more than 24 hours without court permission.
🗣️ What this means for you
If you are arrested, the police MUST present you before a Judicial Magistrate within 24 hours of your arrest (excluding travel time). They cannot keep you locked up in the police station indefinitely.
Step-by-Step Action Plan
Step 1: Note the exact time of your arrest.
Step 2: Ensure your family knows the time of arrest.
Step 3: If 24 hours pass, your lawyer or family should immediately file a Writ of Habeas Corpus in the High Court.
Step 4: When produced before the Magistrate, inform them if you were held for more than 24 hours.
⚖️ The Relevant Law
Constitution of India & BNSS (2023)
Article 22(2) & Section 58 BNSS
"Person arrested not to be detained more than twenty-four hours without special order of a Magistrate."
⚠️ Punishment / Penalty
Habeas Corpus petition can be filed against the police, leading to severe penalties for illegal detention.
Required Documents
- 📄Arrest memo showing time of arrest