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Arrest & Detention 3 min read

It's Been 24 Hours in Custody — What Happens Next?

This is the point where the case either gets formally taken up by a magistrate, or the detention becomes illegal.

At the 24-hour mark, the person in custody must be produced before a magistrate. The magistrate then decides: release, further judicial custody, or bail — the police cannot just keep extending detention on their own authority past this point.

This is also usually when a First Information Report (FIR), if one exists, becomes something a lawyer can formally act on — requesting a copy, checking the exact sections invoked, and starting the bail process if applicable.

If nobody has heard anything by this point, it's time to move fast: contact the DLSA (15100), a private lawyer, or a rights organisation to check the custody status directly with the police station or the court.

Art. 22(2)

Production before a magistrate is mandatory, not discretionary, at 24 hours

Quick Answers

Still wondering about...

Can the magistrate extend custody past 24 hours?
Yes, but only through judicial custody or police custody remand ordered BY the magistrate — not unilaterally by police.

Adhikar is an independent citizen-awareness platform, not a Government of India website and doesn't take a position on the NEET protests themselves — this is general information about rights every student already has, not legal advice for a specific situation. For that, contact a lawyer or the free legal aid helpline (15100).