24-hour custody clock starts from detention, not arrest: SC ruling

The Supreme Court has issued a significant clarification on criminal procedure safeguards, ruling that the constitutional requirement to produce an accused before a magistrate within 24 hours must be calculated from the point of detention rather than formal arrest. This distinction carries substantial implications for police custody practices across the country.

The court determined that detention—the actual act of taking a person into police custody—triggers the 24-hour clock mandated under criminal law. Any continued detention beyond this period without a magistrate's approval constitutes an illegal custody, the bench held. This interpretation aims to prevent potential misuse of procedural technicalities to extend unlawful detention.

The ruling addresses a recurring gap in the criminal justice system where authorities have sometimes relied on the formal arrest document's timing rather than the actual moment of apprehension to calculate the 24-hour period. By establishing detention as the starting point, the court has closed a potential loophole that could enable prolonged illegal custody.

This judgment reinforces constitutional protections against arbitrary detention and underscores the judiciary's commitment to upholding fundamental rights during criminal investigations. Police agencies across the country are expected to align their custody practices with this authoritative interpretation, ensuring compliance with prescribed timelines from the moment any person is brought into their custody.