Can The Police Keep A Person In Custody For As Long As They Want?
Absolutely not, 24 hours in custody is the absolute maximum.
Once the police make an arrest and take the arrested individual to the police station, the longest time the suspect can be kept in custody at the station is for 24 hours.
The police must produce anyone who is in their custody before the magistrate within 24 hours of the arrest, with all the necessary papers that justify the said arrest.
Often police arrest a person on Friday and keep them in custody until the following Monday, citing that there is no magistrate available over the weekend. This is illegal, as in reality there is always a magistrate on duty and available 24 x 7.
If a person’s 24 hour custody hold ends after court working hours, he/she can always be produced before the magistrate at his residence. The magistrate cannot refuse to see the suspect.
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