24-Hour Limit for Production to be counted from Actual Custody: Supreme Court

On November 5, 2026, the Supreme Court, in the case of Sujit Das v. Union of India, clarified that the 24-hour statutory limit for producing an arrested person before a magistrate begins from the moment of actual physical custody.

Key Facts

Constitutional Provision: Article 22(2) of the Indian Constitution mandates that every person arrested must be produced before the nearest magistrate within 24 hours of arrest.
Calculation of Time Limit: The Court clarified that the 24-hour window must be computed from the time actual physical custody begins, and not from the moment the arrest is formally documented.
Judicial Bench: A bench comprising Justice Ujjal Bhuyan and Justice Atul S. Chandurkar delivered the judgment upholding constitutional safeguards for personal liberty.
Exclusion of Travel Time: The only time excluded from the 24-hour calculation is the time necessary for the journey from the place of arrest to the magistrate’s court.
Magistrate’s Responsibility: The magistrate must record the exact date and time of actual custody and ensure that the constitutional timeline has been strictly adhered to.
Unreasonable Custody: Even if the accused is produced within 24 hours, the magistrate has the authority to deny remand if the circumstances indicate the detention was unjustified or oppressive.
Disagreement with Previous Rulings: The Supreme Court overruled earlier judgments of the Odisha, Madras, and Kerala High Courts that had excluded pre-formal arrest detention from the 24-hour period.
Case Background: In an NDPS Act case originating from Tripura, the accused were detained on September 29, 2025, while the formal arrest was recorded only on the following day.