Supreme Court Starts 24-Hour Arrest Clock from Actual Detention

On 5 November 2026, the Supreme Court of India ruled that the 24-hour limit under Article 22(2) begins when a person is actually detained, including when an official physically restrains their liberty. A bench of Justices Ujjal Bhuyan and Atul S. Chandurkar held that arrest and detention are not distinct for this constitutional safeguard.

How the 24-hour period is counted

The period includes the full time spent in custody; it cannot be calculated only from the later formal arrest after search and seizure. Only the time reasonably required to travel from the place of arrest to the Magistrate’s court may be excluded. Magistrates must record the actual date and time of detention and ensure the deadline is met. They may order immediate release if detention is unreasonable or exceeds the limit.

Case and directions

The ruling arose from appeals by four people challenging a Tripura High Court decision denying them bail in a case under the Narcotic Drugs and Psychotropic Substances Act. Their formal arrest was recorded well after their actual detention. The Supreme Court ordered their immediate release after finding they had been held for about 18 hours without judicial oversight.

The Court directed that its judgment be circulated to state and Union Territory Directors General of Police, High Court Registrar Generals and Directors of State Judicial Academies.

Important Facts for Exams

• Complete-justice power: The Supreme Court of India may use Article 142 to issue orders it considers necessary to secure complete justice.
• Binding precedent: The Supreme Court of India’s declared law binds every other court in the country, giving its constitutional interpretations nationwide force.
• Preventive-detention exception: Article 22(3) withholds the ordinary arrest safeguards in clauses (1) and (2) from enemy aliens and people held under preventive-detention laws.
• Personal-search safeguard: Section 50 of the NDPS Act governs personal searches: the person must be informed of the right to be searched before a Gazetted Officer or Magistrate.