Open Access Research Article
PRODUCTION BEFORE A MAGISTRATE AND THE TWENTY-FOUR-HOUR RULE
Abstract
In India,
the twenty-four-hour rule and the appearance of an arrested individual before a
magistrate are crucial protections against arbitrary detention and arbitrary
arrest. They provide Article 22(2) of the Indian Constitution's actual effect
and link the police's ability to make arrests with judicial oversight. Sections
57 and 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deal with the
obligation to bring an arrested individual before a magistrate as well as the
general restriction on imprisonment without a magistrate's special order. When
an inquiry cannot be finished in twenty-four hours and a judge grants
permission for additional detention, Section 187 rules the process. The aim and
functioning of these laws, their constitutional basis, the statutory framework,
the magistrate's role at first production, pertinent court rulings, the
repercussions of non-compliance, and practical implementation issues are all
examined in this article. Additionally, it contrasts the requirements of the
Code of Criminal Procedure, 1973 (CrPC) with those of the BNSS. The essay makes
the case that the twenty-four-hour norm is a substantive defense of individual
liberty rather than merely a formal requirement. Accurate arrest records,
timely legal support, thorough magistrate review, and responsibility for
wrongful detention are all necessary for effective implementation. The article
employs a doctrinal approach based on laws, court rulings, and constitutional
clauses.
Published Paper
Author Details
Authors: BANUSINDHYA.IRegistration ID: 1013419 | Published Paper ID: IJLRA13419Approved ISSN: 2582-6433 | Country: Delhi, IndiaPage No.: 1932-1944
Article Information
PRODUCTION BEFORE A MAGISTRATE AND THE TWENTY-FOUR-HOUR RULE
Authors: BANUSINDHYA.I
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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