‘No artificial distinction’: SC says 24-hour arrest clock starts from detention

The Supreme Court has ruled that the 24-hour period within which an accused person must be produced before a judicial magistrate begins from the time of detention, and not merely from the time of formal arrest.The court held that arrest and detention are effectively the same for the purpose of this constitutional safeguard, as a person’s liberty is curtailed in both situations.It observed that “any attempt to draw an artificial distinction between detention and arrest is constitutionally unsustainable”.

The Supreme Court also criticised several high courts for making an artificial distinction between arrest and detention. It clarified that the requirement to produce an accused person before the nearest magistrate within 24 hours applies from the point at which the person is first detained.In another significant observation, the court ruled that the fundamental rights of an accused person must take precedence over provisions of special laws in cases involving delays in trial and the grant of bail. Referring to contradictory verdicts on bail in cases under laws such as the Unlawful Activities (Prevention) Act (UAPA), the Narcotic Drugs and Psychotropic Substances (NDPS) Act and the Prevention of Money Laundering Act (PMLA), the court said the constitutional rights of an accused must be given priority.The court further observed that special laws cannot serve as a guide to interpreting the Constitution. Rather, such laws must be interpreted in accordance with constitutional principles.