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Your rights

How long can police keep me without seeing a judge?

Short answer

Maximum 24 hours. Police must produce you before a Magistrate within 24 hours of arrest, excluding travel time.

Understanding the issue

Article 22(2) of the Constitution mandates that every person arrested must be produced before the nearest Magistrate within 24 hours of arrest, excluding the time necessary for the journey from the place of arrest to the Magistrate's court. BNSS Section 187 reiterates this requirement. If police fail to produce you within 24 hours, the detention becomes illegal and you can seek immediate release through a habeas corpus petition. The Magistrate then decides whether to grant further remand (police or judicial custody) or release you on bail. This is a critical safeguard against illegal detention.

Laws that apply

  • Article 22(2) — Production before Magistrate within 24 hours
  • BNSS Section 187 — Person arrested to be produced before Magistrate