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

Code of Criminal Procedure, 1973

Section 57 CrPC at a Glance

Section 57 CrPC deals with person arrested not to be detained more than twenty-four hours. From 1 July 2024 it is replaced by Section 58 BNSS. 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.

Now BNSS

Section 58 →

What Section 57 CrPC Says

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.

Source: Section 57, Code of Criminal Procedure, 1973

Section 57 CrPC in Simple Words

Section 57 of the Code of Criminal Procedure, 1973 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 167 CrPC, 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.

When Section 57 CrPC Applies

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.
The protection of Section 57 CrPC 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 167 CrPC.

Time Limits Under Section 57 CrPC

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”

Example of Section 57 CrPC

Inspector Rajesh arrests Suresh without a warrant and places him in custody. Under Section 57 of the Code of Criminal Procedure, 1973, Inspector Rajesh shall not detain Suresh 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 167 CrPC, Inspector Rajesh shall not keep Suresh in custody for a period exceeding twenty-four hours. When computing this period of twenty-four hours under Section 57 CrPC, the time necessary for the journey from the place of arrest to the Court of the Magistrate is excluded.

When Section 57 CrPC Does Not Apply

Section 57 of the Code of Criminal Procedure, 1973 does not apply where the person was arrested under a warrant rather than arrested without warrant.
The limit of twenty-four hours in Section 57 CrPC does not bar custody beyond that period when there is a special order of a Magistrate under Section 167 CrPC.

24 Hours Rule Under BNSS 58: What Changed

Section 57 CrPC is now covered under Section 58 BNSS.

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 detailed comparison (CrPC 57 vs BNSS 58) →

FAQs on Section 57 CrPC

What is the maximum period a police officer can detain a person arrested without a warrant under Section 57 CrPC?▼

Section 57 of the Code of Criminal Procedure, 1973 states 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. Furthermore, in the absence of a special order of a Magistrate under Section 167 CrPC, that period of detention shall not exceed twenty-four hours, excluding the time necessary for the journey from the place of arrest to the Court of the Magistrate.

Does the limit of twenty-four hours under Section 57 CrPC include travel time to the Court of the Magistrate?▼

No, travel time is excluded from the calculation. Section 57 of the Code of Criminal Procedure, 1973 explicitly provides that the maximum period of twenty-four hours is exclusive of the time necessary for the journey from the place of arrest to the Court of the Magistrate. Only the time necessary for that journey is left out when measuring the period of twenty-four hours in police custody under Section 57 CrPC.

Can a police officer always keep a person arrested without a warrant for the full twenty-four hours under Section 57 CrPC?▼

No, twenty-four hours is only the outer ceiling in the absence of a special order of a Magistrate under Section 167 of the Code of Criminal Procedure, 1973. Section 57 CrPC first lays down 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.

Which provision replaced Section 57 CrPC from 1 July 2024?▼

The Code of Criminal Procedure, 1973 stayed in force until 30 June 2024 and was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Under the official mapping, Section 57 CrPC corresponds to Section 58 of the Sanhita, which carries forward the rule that a person arrested without warrant shall not be detained in custody for more than twenty-four hours without a special order of a Magistrate.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·