Pre-Arrest Medical Examination and the 24-Hour Rule: Judicial Clarification by the Bombay High Court
Pre-Arrest Medical Examination and the 24-Hour Rule: Judicial Clarification by the Bombay High Court
The Bombay High Court, in the case of Hanumant Jagganath Nazirkar v. State of Maharashtra (Writ Petition No. 54 of 2025), delivered a landmark judgment clarifying the legal position regarding the computation of the 24-hour period within which an arrested person must be produced before a magistrate. The Division Bench, comprising Justice M.S. Sonak and Justice Jitendra Jain held that the time spent in pre-arrest medical examination cannot be excluded from this statutory timeline, and any detention exceeding 24 hours without judicial authorization is illegal.
Factual Background
The petitioner, Hanumant Jagganath Nazirkar, a 58-year-old retired individual, was implicated in a case involving allegations of cheating, forgery, and dishonest misappropriation of a substantial sum. After the rejection of his anticipatory bail by both the High Court and subsequently the Supreme Court, the petitioner was apprehended on 25 October 2024 at 1:00 p.m. from Shivajinagar Metro Station, Pune. He was taken to the Shivajinagar Police Station and then transferred to Baramati Police Station by 5:07 p.m. the same day.
Subsequently, at 7:40 p.m., the petitioner was taken to the Government Medical College, Baramati, for a pre-arrest medical examination. Due to a referral, he was moved to a private hospital for cardiac evaluation and was admitted at 1:26 a.m. on 26 October 2024. After being discharged in the evening, he was again taken to the Government Medical College at 8:07 p.m. for a fitness certificate. The formal arrest was recorded at 9:00 p.m. (as per the station diary) or 10:13 p.m. (as per the arrest panchanama) on 26 October 2024. The petitioner was finally produced before the Judicial Magistrate, First Class, Baramati, at 12:20 p.m. on 27 October 2024.
Legal Arguments
The petitioner, argued that the 24-hour period for production before a magistrate, as mandated by Article 22(2) of the Constitution and Section 57 of the Code of Criminal Procedure (CrPC), began from the moment he was taken into custody at 1:00 p.m. on 25 October 2024. On this basis, the production before the magistrate after more than 47 hours was in clear violation of his fundamental rights, rendering the arrest and subsequent remand orders illegal.
Conversely, the State, through its Additional Public Prosecutor, contended that the petitioner was not under arrest during the pre-medical examination phase, as he was accompanied by his son and remained in contact with his family. The State argued that the 24-hour period should commence only from the time of formal arrest at 9:00 p.m. on 26 October 2024, thus justifying the timing of his production before the magistrate.
Judicial Reasoning
The Bench meticulously analyzed the statutory and constitutional framework. Article 22(2) of the Constitution and Section 57 CrPC unequivocally stipulate that an arrested individual must be produced before a magistrate within 24 hours, excluding only the time necessary for the journey from the place of arrest to the court. The Court emphasized that the term "arrest" is not defined in the CrPC, IPC, or the Constitution, but its legal import is well-established.
Drawing from precedent, particularly Ashak Hussain Allah Detha @ Siddique & Anr. v. The Assistant Collector of Customs (P) Bombay and Anr. (1990 SCC OnLine Bom 3), the Court reiterated that "arrest" constitutes any restraint on personal liberty, commencing at the moment such restraint is imposed, not merely when it is formally recorded by the authorities. The Court observed that the act of taking the petitioner for medical examination, under police control and supervision, amounted to deprivation of liberty and thus constituted arrest. The fact that the petitioner was accompanied by his son or could communicate with his family did not negate the reality of his custodial status.
The Court further clarified that Sections 53 and 54 of the CrPC, which pertain to medical examination, are triggered only after arrest. There is no statutory provision allowing exclusion of the pre-arrest medical examination period from the 24-hour computation. The Bench found the State's arguments unsustainable and held that the entire period from the initial custody at 1:00 p.m. on 25 October 2024 until production before the magistrate must be counted.
Conclusion and Order
In light of the above analysis, the Court concluded that the petitioner was not produced before the magistrate within the constitutionally and statutorily mandated 24-hour period. The detention was thus declared illegal, and the petitioner was ordered to be released, subject to any prior conditions imposed in related proceedings.
Key Legal Principles and Glossary
- Arrest: The act of restraining a person’s liberty by legal authority, commencing at the moment such restraint is imposed, irrespective of formal documentation.
- Habeas Corpus: A writ seeking judicial review of the legality of a person's detention.
- Article 22(2) (Constitution): Mandates production of an arrested person before a magistrate within 24 hours, excluding only journey time.
- Section 57 CrPC: Prohibits detention beyond 24 hours without judicial sanction, excluding only the time necessary for the journey.
- Remand: Judicial order authorizing continued detention pending investigation or trial.
Judicial Significance
This judgment reinforces the inviolability of personal liberty and the strict interpretation of procedural safeguards under Indian law. It serves as a precedent for law enforcement and the judiciary, ensuring that administrative processes, such as pre-arrest medical examinations, cannot be used to circumvent the constitutional guarantee of prompt judicial oversight of arrests.
Case Title:
Hanumant Jagganath Nazirkar v. State of Maharashtra, Writ Petition No. 54 of 2025
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