Cops Keeping You in Custody for Hours? Here's the 24-Hour Rule
There's a hard legal ceiling on how long you can be held without seeing a magistrate — and it's shorter than most people think.
Under Article 22(2) of the Constitution and Section 58 of the BNSS, 2023, anyone arrested must be produced before a magistrate within 24 hours of arrest — and that clock excludes only the time genuinely needed to travel from the place of arrest to the magistrate's court.
This isn't a guideline the police can stretch when it's convenient. Holding someone past 24 hours without magistrate authorisation is illegal detention, full stop, and it's exactly the kind of situation a habeas corpus petition exists for.
If you're waiting on news about someone who's crossed the 24-hour mark, that's the moment to involve a lawyer or the District Legal Services Authority (call 15100) — don't just wait it out hoping it resolves on its own.
24-hour production before a magistrate, excluding travel time
The procedural version of the same 24-hour rule
Still wondering about...
Does the 24 hours include the night or a holiday?
What can I do if the 24 hours has already passed?
Related questions
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Minors don't go through the same system as adults, and that's a real, enforceable protection — not just a technicality.
Heading to a protest? Know the full picture first.
This FAQ covers the specifics — our complete guide covers everything about police stops, arrest and detention in one place.
Open the Full GuideAdhikar 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).