Under general constitutional and criminal procedure, an arrested person must be produced before a magistrate without unnecessary delay and within 24 hours, excluding the time necessary for the journey.
This does not mean automatic release after 24 hours. The magistrate may grant remand in accordance with the law. Police custody and judicial custody are different. The BNSS remand framework provides for different limits and conditions depending on the offence and the punishment; it is not correct to apply provisions of the old CrPC without comparison.
What should you do now?
- Ask the family to note the actual time and place of arrest.
- Provide information about a lawyer or legal aid, as well as any health-related needs.
- Obtain copies of the appearance and remand order to understand the next steps.
Which documents should you keep?
The arrest memo, medical records, remand order and available FIR details.
Avoid this mistake
Check custody dates against written records instead of estimating them; this may affect the grounds for bail.
A hypothetical example
The day after the arrest, the magistrate ordered custody. This does not, by itself, amount to a violation of the 24-hour rule. The situation is assessed by examining the record of the actual arrest time, production before the magistrate and judicial remand.
Does being produced before a magistrate mean that bail has been granted?
No. Production, remand and bail are separate judicial questions.
Legal basis and useful source
This is general legal information. Advice may differ depending on your facts, the applicable law and state rules.