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

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 58 BNSS at a Glance

Section 58 BNSS deals with person arrested not to be detained more than twenty-four hours. It replaced Section 57 CrPC on 1 July 2024. Popularly called the 24 hours rule. Detention shall not exceed twenty-four hours without a Magistrate's special order, journey time excluded; Section 58 BNSS adds the words whether having jurisdiction or not.

Was CrPC

Section 57 →

Section 58 BNSS Bare Act Text

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.

Source: Section 58, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 58 BNSS in Simple Words

Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 protects a person arrested without a warrant from prolonged detention in police custody.

It imposes a duty on every police officer not to hold an arrested person in custody for a longer period than is reasonable under all the circumstances of the case.

Without a special order of a Magistrate under Section 187 BNSS, police custody shall not exceed twenty-four hours, excluding the travel time necessary for the journey from the place of arrest to the Court of the Magistrate, whether that Magistrate has jurisdiction or not.

When Section 58 BNSS Applies

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.
The protection of Section 58 BNSS applies whenever a person has been arrested by the police without a warrant.
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.
A Magistrate may authorise detention beyond twenty-four hours only through a special order passed under Section 187 BNSS.
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 Under Section 58 BNSS

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”

Example of Section 58 BNSS

Sub-Inspector Meera arrests Vikram without a warrant and places him in custody. Under Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Sub-Inspector Meera shall not detain Vikram in custody for a longer period than is reasonable under all the circumstances of the case. In the absence of a special order of a Magistrate under Section 187 BNSS, Sub-Inspector Meera shall not keep Vikram in custody for a period exceeding twenty-four hours. When computing this period of twenty-four hours under Section 58 BNSS, the time necessary for the journey from the place of arrest to the Court of the Magistrate is excluded, whether that Magistrate has jurisdiction or not.

When Section 58 BNSS Does Not Apply

Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 does not apply where the person was arrested under a warrant rather than arrested without warrant.
The limit of twenty-four hours in Section 58 BNSS does not bar custody beyond that period when there is a special order of a Magistrate under Section 187 BNSS.

Section 58 BNSS in the CrPC (Previous Law)

Section 58 BNSS replaces Section 57 CrPC from the old criminal code.

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.

View CrPC Section 57 →

FAQs on Section 58 BNSS

How long can a police officer detain a person arrested without a warrant under Section 58 BNSS?▼

Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that no police officer shall detain in custody a person arrested without warrant for a longer period than is reasonable under all the circumstances of the case. In the absence of a special order of a Magistrate under Section 187 BNSS, the detention period shall not exceed twenty-four hours, excluding the time necessary for the journey to the Court of the Magistrate.

Does the journey time exclusion under Section 58 BNSS apply even if the Magistrate does not have jurisdiction?▼

Yes. Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 states that the limit of twenty-four hours is exclusive of the time necessary for the journey from the place of arrest to the Court of the Magistrate, whether having jurisdiction or not. The travel time to the Court of the Magistrate is therefore excluded from the twenty-four hours regardless of whether that Magistrate has jurisdiction over the case.

When can custody of a person arrested without a warrant exceed twenty-four hours under Section 58 BNSS?▼

Under Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023, detention in custody beyond twenty-four hours, after excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate, is prohibited in the absence of a special order of a Magistrate under Section 187 BNSS. Only a special order of a Magistrate under Section 187 BNSS permits detention beyond that limit.

What changed in Section 58 BNSS from 1 July 2024 compared to the earlier law?▼

From 1 July 2024, Section 58 of the Bharatiya Nagarik Suraksha Sanhita, 2023 added the words whether having jurisdiction or not after the reference to the Court of the Magistrate. It also updated the cross-reference for a special order of a Magistrate to Section 187 BNSS. The core rule limiting detention without warrant to a reasonable period not exceeding twenty-four hours, excluding journey time, remains unchanged.

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·