Sujit Das v. Union of India
LOK 2026 (11) SC 52
Equivalent citations: 2026 INSC 1195
- Court
- Supreme Court of India
- Bench
- *Ujjal Bhuyan & Atul S. Chandurkar, JJ.
- Case No.
- SLP (Crl.) Nos. 12451–12453 of 2026
Counsel For Petitioner(s): Mr. Rauf Rahim, Sr. Adv. Mr. Ali Asghar Rahim, Adv. Mr. Mohsin Rahim, Adv. Mr. Subhradip Sharma, Adv. Mr. Shekhar Kumar, AOR For Respondent(s): Mr. Raghavendra P Shankar, A.S.G. Mr. Gurmeet Singh Makker, AOR Mr. Karan Lahiri, Adv. Ms. Shambhavi Sharma, Adv. Mr. Gaurang Bhushan, Adv. Mr. Vikas Sharma, Adv.
Provisions referred
- Constitution of India — Article 22(2) — BNSS, 2023 — Section 58
Headnote
Production before Magistrate within 24 hours — Actual detention and formal arrest — Reasonable duration of custody.
The 24-hour period begins when the person’s liberty is actually curtailed. Only the time necessary for the journey to the Magistrate may be excluded. Continued detention beyond that period requires immediate release. Even detention within 24 hours must not exceed a reasonable period under Section 58 BNSS. The Magistrate must record and examine the actual time of detention and may decline remand where the detention is unreasonably prolonged. The Court set aside the High Court’s order and directed production before the Special Court within seven days, followed by release on bail on appropriate terms.
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