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24-Hour Rule Begins From Detention, Not Arrest: HC
August 13, 2025
|The Morning Standard
'Such unrecorded periods of custody can violate human rights'
In a landmark judgment, the Kerala High Court on Tuesday held that the 24-hour period to produce an accused before the magistrate commences from the time the person was effectively detained or his liberty curtailed, not when the actual time of arrest is recorded by the police.
The court pointed out that the technique of not recording the arrest under the pretext of another is often resorted to under the guise of investigation.
Police brutalities generally occur during these periods of uncontrolled authority.
Unless there is a check, such unrecorded periods of custody can be the source of human rights violations, the HC said.
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