From Financialexpress · FE News Desk · · 1m 10s
Police Detention Rights in India
How long can police hold you before legal release in India?
In brief
How long can police hold you before legal release in India? In India, police can detain someone for up to 24 hours before requiring a magistrate's approval for further custody under the Bharatiya Nagarik Suraksha Sanhita 2023. Originally reported by Financialexpress.
Arrest vs Detention
Arrest means taking someone into custody under legal authority, while detention is broader restraint on liberty that can include custody after arrest or preventive detention.
“Every arrest involves custody, but custody does not necessarily involve arrest.”
Preventive Arrest Powers
Police can act before an offence occurs under Section 170 of the Bharatiya Nagarik Suraksha Sanhita 2023 if they know of a plan to commit a cognizable offence and believe it cannot be prevented.
24-Hour Custody Limit
Detention under preventive arrest cannot exceed 24 hours unless further custody is authorised under another legal provision.
Information on Arrest
Article 22 guarantees arrested persons information about arrest grounds and access to a lawyer of their choice within 24 hours.
Medical and Legal Safeguards
The law requires medical checks every 48 hours during custody and allows arrested persons to meet a lawyer during interrogation.
Challenging Unlawful Custody
People in custody can challenge unlawful detention through habeas corpus proceedings with the Supreme Court or High Courts.
The short version
In India, police can detain someone for up to 24 hours before requiring a magistrate's approval for further custody under the Bharatiya Nagarik Suraksha Sanhita 2023.
