SC: Detained beyond 24 hours without magistrate? Release must be immediate

The Supreme Court has ruled that a person detained for more than 24 hours without being produced before a magistrate must be released forthwith, reiterating that the deadline for producing a detained person before a magistrate begins from the moment of detention.

The court clarified that no period can be excluded while calculating the 24-hour deadline, except the time necessary for the journey from the place of arrest to the magistrate's court.

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The Supreme Court also said that detaining authorities must ensure that a person's detention does not exceed a reasonable period, even if it falls within the permissible 24-hour limit.

Emphasising the role of magistrates in ensuring compliance, the court said they must independently examine whether the deadline has been met and record the actual date and time of detention.