POLICE CUSTODY FOR MORE THAN 24 HOURS
N.K.Assumi
(Querist) 24 January 2009
This query is : Resolved
If an accused is detained in police custody for more than 24 hours without remanding to judicial custody, does it amount to illegal detention and bail becomes automatic for the accused? Any citation? Thanks in advance.
Adv.Shine Thomas
(Expert) 25 January 2009
According to sec.57 of CrPC,when a person is arrested he has to be produced before the magistrate within 24 hrs.,exclusive of the time necessary for the journey from the place to arrest to the court of the Magistrate.Art.22(2) of the Indian Constitution is also support this section.No such person shall be detained in custody boyond the said period without the authority of a Magistrate.This provision is not applicable to an alien enemy or a person detained under the law of preventive detention.
smilingadvocate
(Expert) 25 January 2009
Even if he is entitled for immediate bail you have to apply for it and the nature of offence will also play. but in any circumstances you can approach the High court for Habeous Corpus writ and seek direction on production and knowing that there is an illegal detention then the court will let him free and take action on the officer.
Hiren Modi.
(Expert) 31 January 2009
hello...
so far remand & production of detainee is concerned,
if any body can be arrested in connection with the non-bailable offence, authority concerned may interogate him during 24 hours, without prior permission of the court concerned.
after 24 hour's, it should be obligatory for the authority concerned to produced him before magistrate.that is the law.
and if they can't do that, detainue can make a complaints for ill-treatment and illegal detaintion against authority concerned before the court.
or other ground is that, they have to move high court and file habeus corpus petition.
after production before concerned court, detainue can move a bail application. and court may proceed with the accordance with the law.
