BNSS Section 58: Person arrested not to be detained more than twenty-four hours (formerly CrPC 57)

Bharatiya Nagarik Suraksha Sanhita, 2023 · in force from 1 July 2024

BNSS 58: Person arrested not to be detained more than twenty-four hours

From 1 July 2024

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.

What it replaced in the CrPC

BNSS 58 ← CrPC 57 · Person arrested not to be detained more than twenty-four hoursChanged

BPR&D's comparison records a change. Read what changed before relying on the old wording.

What changed, per BPR&D: No change except the words "whether having jurisdiction or not" are added.

Printed in both official correspondence tables (BPR&D and NCRB).

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.

CrPC 57 on its own page →

Which one applies

Procedure follows the proceeding. Under section 531(2)(a) of the BNSS, an appeal, application, trial, inquiry or investigation already pending on 1 July 2024 continues under the CrPC; one begun on or after that date proceeds under the BNSS.

Read BNSS section 531 →

Judgments decided under CrPC 57

They remain the law on CrPC 57. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.

Sources

BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.