Accused must be produced before magistrate within 24 hours of arrest, not from official arrest: Telangana High Court
Addressing the subject of detention and production of accused persons, the Telangana High Court recently held that the period of 24 hours for producing a person before a magistrate should be calculated from the time when the person is arrested and not from the time when the arrest is officially recorded.
A division bench of Justices P. Sam Koshy and N. Tukaramji said, “This Bench has no hesitation in coming to the conclusion that question No. 1 in so far as the commencement of the period of arrest is concerned, it is held that the period of arrest should also be taken into account for the purpose of computing the period of 24 hours under Section 57 of the CrPC. In other words the 24 hours should not be calculated from the time of official arrest recorded by the police personnel in the arrest memo but from the time when he was initially apprehended or taken into custody.”
Case Title- T. Ramadevi, W/o. Srinivas Goud v. State of Telangana, represented by its Principal Secretary and others
Post a Comment