Magistrate power | accused in custody for more than 24 hours
Channel: ALEC for Judiciary
Date: 2024-03-19

Hey everyone, and welcome back to the channel! Today, we're diving into a crucial topic – your rights when arrested in India. Specifically, we'll discuss what happens if you're held in custody for more than 24 hours.

Magistrate's Role

The magistrate plays a central role in ensuring your rights are protected. They are judicial officers who oversee police investigations and detentions.

24-Hour Rule

The law is clear:  generally, you cannot be detained by the police for more than 24 hours (excluding travel time) without being brought before a magistrate  [Article 22 (2) of the Constitution]. This is to prevent unlawful detention and ensure a speedy judicial review.

Beyond 24 Hours: What Happens?

If the investigation cannot be completed within 24 hours, the police must present you and a report of the case to the nearest magistrate [CrPC Section 167]. The magistrate has the authority to:

Authorize further detention: They can allow the police to hold you for a period exceeding 15 days, but only if they believe there are strong grounds for the accusation and the investigation requires more time.
Important to Remember

This extended detention cannot be for more than 90 days in serious cases and 60 days in others [CrPC Section 167].
The magistrate must be convinced about the need for continued detention.
Your Rights

You have the right to be informed of the reasons for your arrest and detention.
You can request legal assistance and consult a lawyer.
If You're Detained for More Than 24 Hours

If you haven't been brought before a magistrate within 24 hours, you or your lawyer can approach the court and challenge the detention as illegal.
Remember:

Knowing your rights is empowering. If you believe you're being held unlawfully, don't hesitate to assert your right to appear before a magistrate.

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