Supreme Court says 24‑hour clock for detention starts at arrest, not formal arrest

UPDATE - follow-up to 24-hour to produce before Magistrate starts from detention, not 'formal arrest': Supreme Court: The Supreme Court on Thursday, 5 November 2026, ruled that the 24‑hour deadline for producing a detained person before a magistrate starts from the moment of detention, not from a formal arrest. A bench led by Justice Ujjal Bhuyan said detention and arrest both restrict the fundamental right to liberty, so the clock cannot wait for an arrest formalities. The court held that fundamental rights outweigh special statutes such as the Unlawful Activities (Prevention) Act and the Prevention of Money‑Laundering Act, where bail is normally hard to get. If a person is held beyond 24 hours without being presented to a magistrate, the law requires immediate release. At the time of production, the magistrate must note the exact date and time of detention to check compliance. The judgment quoted Article 22(2), stating it does not allow the time taken for inquiry or investigation to be excluded from the 24‑hour period, except for the travel time needed to reach the magistrate’s court. This interpretation narrows the gap between detention and arrest, ensuring quicker judicial oversight. ## Context The ruling reinforces the Constitution’s guarantee of personal liberty and aligns procedural safeguards across all detention cases, even those involving stringent anti‑terror or anti‑money‑laundering laws.