Is It Legal for Police to Keep Someone in Custody for More Than 24 Hours?

No, it is not legal for the police to keep a person in custody for more than 24 hours without producing them before a magistrate.

Article 22(2) and Section 57 of the Criminal Procedure Code (CrPC), 1973, clearly state that an arrested individual must be presented before a magistrate within 24 hours, excluding travel time. Detaining someone beyond this period without judicial authorization is illegal detention.

In DK Basu v. State of West Bengal, the Supreme Court held that prolonged or unlawful custody violates fundamental rights under Article 21 and amounts to custodial abuse, attracting strict legal consequences.