CrPC Section 57
Section 57 CrPC – Person arrested not to be detained more than twenty-four hours
Essence of the Section
When a person is arrested without a warrant, the police cannot keep that person in custody for more than 24 hours (excluding the time needed to travel to the Magistrate’s court) unless a Magistrate authorizes further detention.
Key Points of Section 57
Time Limit of 24 Hours
The arrested person must be produced before the nearest Magistrate within 24 hours of arrest.
The 24-hour limit starts from the actual time of arrest, not from the time the accused reaches the police station.
Exclusion of Travel Time
The time taken to travel from the place of arrest to the Magistrate’s court is excluded from the 24 hours.
Example: If a person is arrested in a remote village and it takes 6 hours to reach the Magistrate, then those 6 hours are not counted in the 24 hours.
Role of Magistrate
Only a Magistrate can authorize further detention, not the police officer.
This ensures judicial oversight and prevents unlawful custody.
Connection with Article 22 of the Indian Constitution
This section reflects the fundamental right of personal liberty.
Article 22(2) of the Constitution also provides that a person arrested must be produced before a Magistrate within 24 hours and cannot be detained beyond that without judicial approval.
Purpose of Section 57
To prevent illegal detention and custodial abuse by police.
To ensure speedy judicial scrutiny after an arrest.
To safeguard the personal liberty of citizens.
Example
Suppose police arrest a person on suspicion of theft at 10:00 AM on Monday.
They must produce him before a Magistrate by 10:00 AM Tuesday, unless the Magistrate is far away and travel time is involved.
If the police keep him beyond that time without court permission, the detention becomes illegal.
✅ In summary:
Section 57 CrPC ensures that no arrested person is detained by the police for more than 24 hours without being presented before a Magistrate. It is a safeguard against unlawful detention and a guarantee of personal liberty.
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