Production of an Accused Person Within 24 Hours of His Arrest
By
Yashvant R. Ingle
If there is any section of the Criminal Procedure Code, 1898, which, happens to be respected more in its breach than in its observance it is section 61. That section lays down that a person arrested without a warrant shall be produced before a Magistrate within twenty-four hours of his arrest. Fortunately or unfortunately it makes no allowance whatsoever for Sundays or holidays. That means whether there is a holiday or not or whether the court is sitting or not the person arrested has got to be forwarded to a magistrate within 24 hours of his arrest. The section reads as under :
“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 shall not in the absence of a special order of a magistrate under Section 167 exceed twenty-four hours exclusive of the time necessary for the journey from place of arrest, to the magistrate’s court.” ....