Question

A person arrested should not be detained more than

• A. 48 hours
• B. 24 hours
• C. 14 days
• D. 90 days

Hint:

The "24-hour rule" (Article 22(2) and Section 57 CrPC) is a fundamental right of an arrested person. Do not confuse it with the periods for remand under Section 167 CrPC (which can extend up to 15 days of police custody initially, and then 60/90 days of judicial custody for completing the investigation).

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks for the maximum period a person can be detained in police custody after arrest before being produced before a Magistrate. This is a fundamental constitutional and procedural safeguard against illegal detention.

Step 2: Key Legal Provision:
This right is guaranteed under Article 22(2) of the Constitution of India and is also provided for in Section 57 of the Code of Criminal Procedure (CrPC).
- Article 22(2): "Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate." - Section 57, CrPC: "No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court."

Step 3: Detailed Explanation:
Both the Constitution and the CrPC mandate that an arrested person must be produced before a Magistrate within 24 hours of arrest. This period excludes the time taken for travel. Any detention beyond 24 hours is illegal unless authorized by a Magistrate's order (remand).
- Options (C) 14 days and (D) 90 days are related to the maximum periods of judicial remand that a Magistrate can grant during the investigation phase, not the initial period of detention after arrest.

Step 4: Final Answer:
A person arrested should not be detained in police custody for more than 24 hours without being produced before a Magistrate.