Under the Bharatiya Nagarik Suraksha Sanhita, for how long can a suspect be detained without a magistrate's approval?
24 hours
Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Code of Criminal Procedure from 1 July 2024, Section 58 says that a police officer shall not detain a person arrested without warrant for longer than is reasonable, and in no case beyond 24 hours without a special order of a Magistrate under Section 187.
The 24-hour period excludes the time needed for the journey from the place of arrest to the Magistrate's court. This mirrors the constitutional safeguard in Article 22(2), which requires every arrested person to be produced before the nearest Magistrate within 24 hours.
Periods such as 12, 48 or 72 hours are not the limit fixed by the BNSS for detention without a Magistrate's approval; any custody beyond 24 hours must be authorised by the Magistrate.
Hence, the answer is 24 hours.
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