CrPC · Chapter V · Arrest of persons
CrPC section 57, “Person arrested not to be detained more than twenty-four hours”, is now BNSS section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.
Now BNSS section 58, with the same twenty-four-hour limit. The time for the journey to the Magistrate’s Court is excluded “whether having jurisdiction or not”, words the CrPC did not have. (India Code’s PDF of the BNSS prints the wrong text here; the text shown is the Gazette’s.)
Code of Criminal Procedure, 1973
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 the place of arrest to the Magistrate’s Court.
Bharatiya Nagarik Suraksha Sanhita, 2023
This section’s text is taken from the Gazette of India copy published by the Ministry of Home Affairs, because India Code’s PDF prints it wrongly.
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 187, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court, whether having jurisdiction or not.
The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.
The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.
