CrPC 57→BNSS 58

CrPC 57 to BNSS 58: Person arrested not to be detained more than twenty-four hours

Section 57 CrPC (1973) replaced by Section 58 BNSS (2023)

View CrPC Section 57 →View BNSS Section 58 →

CrPC 57 to BNSS 58 at a Glance

Section 57 CrPC (Person arrested not to be detained more than twenty-four hours) is now Section 58 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 57 to BNSS 58?

Section 57 of the Code of Criminal Procedure, 1973 became Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. The changes of form are these: the section itself is renumbered from Section 57 CrPC to Section 58 BNSS, and the cross-reference for a special order of a Magistrate is renumbered from Section 167 CrPC to Section 187 BNSS. In substance, Section 58 BNSS adds the closing words whether having jurisdiction or not after the reference to the Court of the Magistrate. All other words, including the reasonable period requirement and the twenty-four hours ceiling, are unchanged.

CrPC 57 vs BNSS 58: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section5758
HeadingPerson arrested not to be detained more than twenty-four hoursSame
Cross-referencess.167s.187

CrPC 57 and BNSS 58: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 57, CrPC 1973

57. Person arrested not to be detained more than twenty-four hours.—No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.
BNSS 2023 (in force)

Section 58, BNSS 2023

58. Person arrested not to be detained more than twenty-four hours.—No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 187, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court, whether having jurisdiction or not.

When It Applies: CrPC 57 vs BNSS 58

Under CrPC 57
  1. A police officer is bound by a mandatory duty under Section 57 of the Code of Criminal Procedure, 1973 not to keep an arrested person in custody beyond the permitted period.
  2. The protection of Section 57 CrPC applies whenever a person has been arrested by the police without a warrant.
  3. Even within the outer limit, the police officer shall not hold the arrested person for a longer period than is reasonable under all the circumstances of the case.
  4. A Magistrate may authorise detention beyond twenty-four hours only through a special order passed under Section 167 CrPC.
Under BNSS 58
  1. A police officer is bound by a mandatory duty under Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 not to keep an arrested person in custody beyond the permitted period.
  2. The protection of Section 58 BNSS applies whenever a person has been arrested by the police without a warrant.
  3. Even within the outer limit, the police officer shall not hold the arrested person for a longer period than is reasonable under all the circumstances of the case.
  4. A Magistrate may authorise detention beyond twenty-four hours only through a special order passed under Section 187 BNSS.
  5. Under Section 58 BNSS, the journey time is excluded whether or not the Court of the Magistrate the person is taken to has jurisdiction.

Time Limits: CrPC 57 to BNSS 58

Under CrPC 57
  • Under Section 57 of the Code of Criminal Procedure, 1973, a police officer shall not detain a person arrested without a warrant for a longer period than is reasonable under all the circumstances of the case.Act text: “for a longer period than under all the circumstances of the case is reasonable”
  • In the absence of a special order of a Magistrate under Section 167 CrPC, the period of detention in police custody shall not exceed twenty-four hours.Act text: “such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours”
  • The time necessary for the journey from the place of arrest to the Court of the Magistrate is excluded when calculating the limit of twenty-four hours under Section 57 CrPC.Act text: “exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court”
Under BNSS 58
  • Under Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a police officer shall not detain a person arrested without a warrant for a longer period than is reasonable under all the circumstances of the case.Act text: “for a longer period than under all the circumstances of the case is reasonable”
  • In the absence of a special order of a Magistrate under Section 187 BNSS, the period of detention in police custody shall not exceed twenty-four hours.Act text: “such period shall not, in the absence of a special order of a Magistrate under section 187, exceed twenty-four hours”
  • The time necessary for the journey from the place of arrest to the Court of the Magistrate, whether having jurisdiction or not, is excluded when calculating the limit of twenty-four hours under Section 58 BNSS.Act text: “exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court, whether having jurisdiction or not”

What CrPC 57 to BNSS 58 Means in Practice

Under both Section 57 of the Code of Criminal Procedure, 1973 and Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a police officer shall not detain a person arrested without warrant beyond a reasonable period or beyond twenty-four hours without a special order of a Magistrate. From 1 July 2024, Section 58 BNSS expressly states that the excluded journey time from the place of arrest to the Court of the Magistrate applies whether that Magistrate has jurisdiction or not.

FAQs: CrPC 57 to BNSS 58

What is the main textual difference between Section 57 CrPC and Section 58 BNSS?▼

Apart from renumbering the provision and updating the cross-reference from Section 167 of the Code of Criminal Procedure, 1973 to Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 as changes of form, Section 58 BNSS adds the words whether having jurisdiction or not at the end. This clarifies that the excluded journey time to the Court of the Magistrate applies whether that Magistrate has jurisdiction or not.

Did the twenty-four hours detention limit change from Section 57 CrPC to Section 58 BNSS?▼

No, the time limit is unchanged. Both Section 57 of the Code of Criminal Procedure, 1973 and Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 state that a police officer shall not detain in custody a person arrested without warrant for a longer period than is reasonable under all the circumstances of the case, and that such period shall not exceed twenty-four hours excluding journey time.

Why did the section number for the special order of a Magistrate change in Section 58 BNSS?▼

In Section 57 of the Code of Criminal Procedure, 1973, a special order of a Magistrate to detain a person beyond twenty-four hours was referenced under Section 167 CrPC. In Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023, that cross-reference is updated to Section 187 BNSS. This is a change of form reflecting the renumbering of the corresponding provision in the Sanhita.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·