When an individual is arrested, a critical legal question arises: “When does the 24-hour period begin?” This timeline is vital because, under Indian law, an arrested person must be produced before a magistrate within 24 hours of detention. Failure to do so can violate constitutional rights. An experienced high court lawyer plays a key role in safeguarding these rights, ensuring the arrested person is treated fairly, and guiding families on immediate legal remedies.





When does the 24-hour period begin? From the time of formal arrest recorded by the police, or from the actual moment of detention and curtailment of liberty?

This is a bail order of the Hon’ble High Court of Kerala (B.A. No. 8581 of 2025, decided on 12.08.2025 by Justice Bechu Kurian Thomas).



The core legal question before the Court was:


When does the 24-hour period for producing an accused before a Magistrate under Article 22(2) of the Constitution begin? From the formal time of arrest recorded by the police, or from the actual moment of detention/curtailment of liberty?

Key Takeaways from the Order:

 

  1. Facts:
    • Petitioner (28-year-old) was allegedly found with 26.92 kg of ganja at Ernakulam Junction railway station on 25.01.2025.
    • He was taken into custody at 3:00 pm on 25.01.2025, but arrest was formally recorded only at 2:00 pm on 26.01.2025.
    • He was produced before the Magistrate at 8:00 pm on 26.01.2025.
  2. Arguments:
    • Petitioner: Detention beyond 24 hours violated Article 22(2); illegal custody before arrest was recorded.
    • Prosecution: Since arrest was shown only at 2:00 pm on 26.01.2025, production by 8:00 pm the same day was within 24 hours.
    • Amici Curiae (law interns): The 24-hour limit runs from actual detention, not from the time when the police chooses to record arrest.
  3. Court’s Reasoning:
    • Referred to Joginder Kumar v. State of U.P. (1994) and D.K. Basu v. State of W.B. (1997) stressing the protection of personal liberty.
    • Relied on precedents like Niranjan Singh (1980), Deepak Mahajan (1994), and Dinesh Kumar (2008) to explain that arrest = curtailment of liberty, whether formally recorded or not.
    • Held that the police cannot use the tactic of delaying formal arrest while effectively detaining a person, since that amounts to illegal custody.
  4. Finding:
    • The 24 hours should be computed from 3:00 pm on 25.01.2025, not from the formal arrest time.
    • Since the accused was produced before Magistrate only at 8:00 pm on 26.01.2025, this exceeded the constitutional mandate.
    • Hence, detention was illegal → bail granted.
  5. Bail Conditions:
    • Bond of ₹1,00,000 with two solvent sureties.
    • Must cooperate with trial/investigation.
    • No influencing witnesses/tampering with evidence.
    • No committing similar offences.
    • Cannot leave Kerala without permission of jurisdictional court.



Legal Principle Established:


The 24-hour period under Article 22(2) starts from the moment of actual detention/curtailment of liberty, not from the formal recording of arrest by the police. Any delay amounts to illegal detention, entitling the accused to bail.



Conclusion

The 24-hour rule is not just a legal technicality; it is a fundamental right that protects citizens from unlawful detention. Understanding when the countdown starts—whether at the time of arrest or actual custody—is essential for justice. With the support of a skilled high court lawyer, individuals can ensure their rights are protected, challenge unlawful arrests, and seek appropriate remedies.

 

FAQ

  1. When does the 24-hour period start after an arrest?
     The 24-hour period begins from the moment of actual arrest or detention, not when the accused reaches the police station.
  2. What happens if police exceed the 24-hour period?
     If the accused is not presented before a magistrate within 24 hours, it becomes a case of illegal detention, which a high court lawyer can challenge.
  3. Can weekends or holidays extend the 24-hour rule?
     No. The law mandates production within 24 hours regardless of weekends or holidays. Courts may set special arrangements in such cases.
  4. Does the travel time to court count in the 24 hours?
     Yes, travel time is included in the 24-hour limit. Police cannot detain someone longer under the pretext of travel delays.
  5. Which lawyer should I consult for illegal detention cases?
     You should consult a high court lawyer who specialises in criminal rights and custody laws for immediate remedies.
  6. Can bail be sought if 24-hour rule is violated?
     Yes. A violation strengthens the bail application, and courts often grant relief quickly.
  7. What documents are important for a 24-hour custody case?
     The arrest memo, FIR copy, detention details, and medical examination reports are crucial for a high court lawyer to present before the court.