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Under section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what is the maximum period of police…

The ceiling under section 58 is 24 hours apart from the time necessarily spent travelling from the place of arrest to the Magistrate’s court. Detention must also be…

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Under section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what is the maximum period of police detention after arrest without warrant, in the absence of a special Magistrate’s order and excluding the necessary journey time to court?

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Answer and explanation

Correct answer B

The ceiling under section 58 is 24 hours apart from the time necessarily spent travelling from the place of arrest to the Magistrate’s court.

Detention must also be reasonable, so the provision does not entitle police to hold every arrested person for the full period.

Option feedback

Option A

The statute requires detention to be reasonable in the circumstances but does not set 12 hours as the maximum.

Option B

Section 58 sets the 24-hour ceiling, subject to the conditions stated in the question.

Option C

A police officer may not detain the arrested person for 48 hours on the basis of section 58 alone.

Option D

Ninety days is not the initial police detention limit. Section 187 concerns Magistrate-authorised detention and uses different limits.

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