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N.K.Assumi (Advocate)     08 July 2013

Holiday can override mandatory constitutional provisions?

Under our Constitution decorated by the Rule of Law is it legal to produce an accused before the Magistrate after 24 hours from the date of arrest without warrant, due to holiday or Sunday though ther Magistrate was available within a walkable distance from the spot of arrest? Is Sunday and Holiday a ground to waive this mandatory provisions under the Constitution and CrPc?


 3 Replies

Ashok, Advocate (Lawyer at Delhi)     08 July 2013

It is mandatory to produce the accused before the Magistrate within 24 hours of arrest without arrest, irrespective whether it is Sunday or any other holiday. This is the binding mandate of the Constitution and the Cr.P.C. Of course, travelling time is to be excluded.


In the absence of such production before the magistrate, the further custody beyond 24 hours may become illegal.

N.K.Assumi (Advocate)     09 July 2013

Sir, thank you very much indeed, for strengthening me. I have gone through some Hon'ble Supreme Court cases starting from 1954 and various Constitutional Books including that of Servai, but none of those cases or  Constitutional Books spell out about Holiday and Sunday period in that Article 22 (2) of the Constitution, and your comments especially the time taken for the journey etc is highly appreciated. Once again thank you Sir.

lissing perme (unemployed)     11 July 2013

Any leading case in this regard???

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