How Long Can Police Keep You in Custody?

How Long Can Police Keep You in Custody?

Under Indian criminal law, police custody is strictly regulated to protect personal liberty and prevent abuse of power. The police do not have unlimited authority to detain a person, and any custody must be backed by law and judicial oversight.

The duration for which police can keep a person in custody depends on whether the custody is without judicial authorization or pursuant to an order of a Magistrate under the Code of Criminal Procedure (CrPC).

Read This : Rights of an Arrested Person under CrPC

As per Section 57 CrPC and Article 22(2) of the Constitution of India, the police cannot detain an arrested person for more than 24 hours without producing them before a Magistrate, excluding the time necessary for travel.

If the investigation cannot be completed within 24 hours, the police must seek judicial remand. Only a Magistrate has the authority to authorize further detention, either in police custody or judicial custody.

1. Up to 24 Hours – Police custody without court approval.
2. Judicial Remand – Required beyond 24 hours.
3. Magistrate’s Oversight – Mandatory for further detention.

Under Section 167 CrPC, police custody can be granted only during the first 15 days of remand. Even within this period, police custody is not automatic and is granted only if the court is satisfied that it is necessary for investigation.

Police custody beyond 24 hours is illegal without the express permission of a Magistrate.

• Maximum Police Custody is limited to the first 15 days.
• Judicial Custody may continue thereafter.
• No Police Custody after the first 15 days.

Read This : Difference between bailable and non bailable offences

• 60 Days for offences punishable up to 10 years.
• 90 Days for offences punishable with death, life imprisonment, or more than 10 years.
• Default Bail becomes a right if charge sheet is not filed.

What happens if custody rules are violated?

If a person is detained beyond the legally permitted period or without proper judicial authorization, such detention becomes illegal. The accused may seek immediate release and can also initiate legal action against the erring officers.

Illegal detention violates fundamental rights and courts have consistently held that custodial safeguards must be strictly enforced to prevent abuse of power.

Understanding these limits ensures that individuals are aware of their rights and that law enforcement functions within constitutional boundaries.