GUWAHATI: The Supreme Court on Thursday, November 5, ruled against the artificial distinction between 'arrest' and 'detention', holding that the 24-hour period for producing a person before a Magistrate under Article 22(2) of the Constitution begins from the time of detention and not from the time of formal arrest.
ALSO READ: At Least 11 Injured as Speeding Night Super Bus Crashes at Jorabat in Guwahati
A bench comprising Justice Ujjal Bhuyan and Justice Atul S Chandurkar observed that the view that the 24-hour period begins only from the time of formal arrest is contrary to the constitutional mandate of Article 22(2) and Section 56 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The Court clarified that Article 22(2) does not permit the exclusion of time spent in inquiry or investigation before the arresting authority formally arrests a detainee. It stated that the Constitution provides only one exception to the 24-hour period, which is the time necessary for the journey from the place of arrest to the Magistrate's court.
The Court further held that the distinction suggesting that the 24-hour period begins only after the completion of search and seizure and from the time of formal arrest recorded by the arresting authority is legally unsustainable and unconstitutional.
Disagreeing with the view that detention for a brief period does not amount to arrest, the Court said there cannot be any temporary suspension of a fundamental right.
The Supreme Court also held that any attempt to draw an artificial distinction between arrest and detention cannot be used to exclude the period of detention while calculating the constitutionally mandated 24 hours for producing a person before a Magistrate.
The Court directed Magistrates to record the date and time of detention and ascertain whether the 24-hour period has been complied with from the time of detention.
The ruling reinforces the constitutional requirement that a person detained by authorities must be produced before a Magistrate within 24 hours, excluding only the time necessary for the journey to the court.
