Hour Period For Production Before Magistrate Runs From Time Of Detention & Not From Formal Arrest : Supreme Court

The Supreme Court on Thursday ruled against the artificial distinction between 'arrest' and 'detention', and held that the 24-hour period for production before the Magistrate, in terms of Article 22(2) of the Constitution, will run from the period of 'detention' and not just from the time of formal arrest."The view that 24 hours begin only from the formal arrest is contrary to the constitutional mandate of Article 22(2) and 56 of BNSS," the bench comprising Justice Ujjal Bhuyan and Justice Atul S Chandurkar ruled."Article 22(2) does not sanction exclusion of the time taken for inquiry or investigation before the arresting authority could effect arrest of the detainee. This is beyond the mandate of clause (2) of Article 22.