SC cracks down on delayed arrests, says 24-hour clock starts from detention
The Supreme Court has declared that the 24-hour window for producing an accused before a magistrate starts from the moment of detention, rather than the official arrest. In the court's view, arrest and detention both infringe upon a person's liberty, making any distinction between the two legally untenable. The court rejected attempts by several high courts to maintain a false divide between the two concepts.
It emphasized that the statutory requirement to bring an accused before the nearest magistrate within 24 hours applies as soon as they are detained. Moreover, the Supreme Court stressed that fundamental rights of an accused person should supersede any special laws in situations involving trial delays and bail grants. In response to conflicting rulings on bail in legal matters such as UAPA, NDPS Act, and PMLA, the court insisted that constitutional rights must take precedence over special laws.
The court concluded that special laws should be interpreted through the lens of constitutional principles, not vice versa.
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- 24-hour arrest clock starts from detention, not formal arrest: Supreme Court timesofindia.indiatimes.com
