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A police officer arrests a person without warrant. In the absence of a special order of a Magistrate…

Section 58 bars detention without warrant beyond a reasonable period and, absent a special section 187 order, caps it at 24 hours. The necessary journey time to the…

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A police officer arrests a person without warrant. In the absence of a special order of a Magistrate under section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what is the maximum period of police detention under section 58, excluding time necessary to travel from the place of arrest to the Magistrate's court?

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Answer and explanation

Correct answer B

Section 58 bars detention without warrant beyond a reasonable period and, absent a special section 187 order, caps it at 24 hours.

The necessary journey time to the Magistrate's court is excluded. The rule does not authorise waiting until the 24 hours expire.

Option feedback

Option A

Section 58 sets the upper limit at 24 hours. Detention must still be reasonable in the circumstances.

Option B

Section 58 sets a 24-hour maximum with the specified travel time excluded.

Option C

Thirty-six hours exceeds the statutory maximum in the absence of a special order.

Option D

Forty-eight hours also exceeds that maximum.

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