Person arrested not to be detained more than twenty-four hours
Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with person arrested not to be detained more than twenty-four hours. Officers in charge of police stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise. The Act came into force on 01 Jul 2024.
Officers in charge of police stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise.
Section 58, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 57 Person arrested not to be detained more than twenty-four hours Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Marfing Tamang @ Maaina Tamang vs State (nct of Delhi)
Decided under Code of Criminal Procedure 57, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The word 'forthwith' appearing in Section 50 of the Code of Criminal Procedure, 1973, mandates that the grounds of arrest must be communicated to an arrestee immediately and simultaneously with the issuance of the arrest memo, not later within 24 hours. Any delay in communicating grounds of arrest, including communication during remand proceedings, violates the statutory requirement and the constitutional guarantee under Article 22(1) of the Constitution of India. The grounds of arrest must be reduced to writing and served upon the arrestee at the time of arrest itself, and the arrestee must be given meaningful opportunity to consult legal counsel after receiving such grounds before being subjected to remand proceedings.
On this section: Requirement to produce arrestee before Magistrate within 24 hours of arrest. Court noted this does not extend the time for communicating grounds of arrest.
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Vishal Manohar Mandrekar vs The State of Telangana
Decided under Code of Criminal Procedure 57, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Obtaining a transit warrant is mandatory for police to claim protection under Article 22(2) of the Constitution when arresting an accused outside the jurisdiction where the offence was registered. A subsequent remand order by a magistrate cannot legalize prior detention that violated Article 22(2) of the Constitution. The right under Article 22(2) is available against illegal detention by police, and if the prior detention is illegal, the accused is entitled to be released even if subsequently remanded to judicial custody by the magistrate. The police cannot claim the benefit of excluding journey time from the 24-hour period without obtaining a transit warrant.
On this section: Section 57 mandates that no police officer shall detain in custody a person arrested without warrant for a longer period than reasonable, and such period shall not exceed 24 hours excluding time necessary for journey from place of arrest to Magistrate Court. The court held that this provision was violated as the petitioner was not produced within 24 hours and no transit warrant was obtained.
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Sakil Ahmad vs State of Nct of Delhi
Decided under Code of Criminal Procedure 57, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When an accused is remanded by a Magistrate under Section 167 of CrPC, the 60-day period for filing chargesheet must be calculated from the date of remand itself, including that day. If the chargesheet is filed on or after the 61st day, the accused acquires an indefeasible right to default bail which cannot be frustrated by the prosecution, regardless of the seriousness of the allegations. This right accrues automatically upon expiry of the 60-day period and protects personal liberty against prolonged custody due to investigative delays.
On this section: Mandates that accused be produced before Magistrate within 24 hours of arrest; establishes the foundational requirement for judicial scrutiny of police custody
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Bhola Singh vs The State of Madhya Pradesh
Decided under Code of Criminal Procedure 57, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When the statutory period of 180 days (or 60/90 days as applicable) for filing charge-sheet expires without the charge-sheet being filed, an indefeasible right to default bail accrues to the accused. This right is computed by including the date of remand as the first day of the stipulated period. The date of remand cannot be excluded from this computation, as such exclusion would create a legal vacuum, violate personal liberty protections under the Constitution, and militate against the legislative intent of protecting accused from prolonged custody due to investigative delays. This right cannot be defeated by the prosecution filing the charge-sheet after the accused has offered to furnish bail.
On this section: Mandates that accused be produced before Magistrate within 24 hours of arrest. Cited to establish the continuity of custody from arrest to remand.
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Ram Charitra Prasad& ANR. vs State of Bihar& ORS.
Decided under Code of Criminal Procedure 57, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A criminal complaint can be quashed if it is found to be motivated by obvious considerations and lacks credibility, particularly when it appears to be filed to create a defense for an accused person rather than to seek genuine justice. The court will assess the motivation and credibility of the complaint based on the circumstances, including the relationship between the complainant and the accused, the nature of the allegations, and the availability of alternative remedies.
On this section: The court noted that if the son of the complainant had any grievance against the police officers, he could have made a statement in court when produced before the Chief Judicial Magistrate under Section 57 CrPC, rather than the father filing a separate complaint.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Habeas Corpus is not a remedy to challenge the correctness or merits of a judicial remand or to probe disputed facts of investigation. 15. In the considered opinion of this Court, the facts of the present case do not disclose any violation of Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023, nor of Section 47 thereof. The delay in production stands explained by medical circumstances, and the arrest memo bearing the petitioner's signature negates the allegation of noncommunication of arrest. 16. Accordingly, the Court finds that the custody of the …
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… It has been argued by the learned Senior Advocate on behalf of the Informant, as well as by the learned APP, that the time required for the transportation of the Accused to the Court of the concerned Magistrate in Mumbai and for the medical examination, will have to be excused in the light of Section 58 of the Bharatiya Nagarik Suraksha Sanhita. Section 58 reads as under: 58. Person arrested not to be detained more than twenty-four hours. - No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period …
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… It has been argued by the learned Senior Advocate on behalf of the Informant, as well as by the learned APP, that the time required for the transportation of the Accused to the Court of the concerned Magistrate in Mumbai and for the medical examination, will have to be excused in the light of Section 58 of the Bharatiya Nagarik Suraksha Sanhita. Section 58 reads as under : 58. Person arrested not to be detained more than twenty-four hours. - No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such …
Questions about Section 58
What have the courts held on Section 58 of the Bharatiya Nagarik Suraksha Sanhita?
Marfing Tamang @ Maaina Tamang vs State (nct of Delhi) (04 Feb 2025) is the leading judgment on this section among those set out below, though it was decided under CRPC 57, which this section replaced -- the court never mentioned this Act: Requirement to produce arrestee before Magistrate within 24 hours of arrest. Court noted this does not extend the time for communicating grounds of arrest. Another 4 judgments on this section are set out below. They run from 2011 to 2025.
How do I find court cases under Section 58 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 58, section 58 BNSS, section 58 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 5 reported judgments on this section are set out on this page, beginning with Marfing Tamang @ Maaina Tamang vs State (nct of Delhi) (04 Feb 2025).
What should I read with Section 58 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
2 other provisions in this corpus refer back to it. It carries forward CrPC 57 (Person arrested not to be detained more than twenty-four hours), so the judgments decided under that provision are the case law on this one.
When did Section 58 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 58 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 58, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.