Guwahati, June 6 -- The Gauhati High Court, in a significant order dated June 2, stated the critical duty of magistrates to verify the status of an arrestee within 24 hours of arrest, even in cases of medical urgency preventing their physical production.
The court stipulated that magistrates must pass a formal remand order to judicial or police custody, either through a personal visit or via video conferencing, to legitimize continued detention.
According to Live Law, Justice Mridul Kumar Kalita, presiding over the bench, held, "Section 187 of BNSS categorically states that subject to the condition of bail, the Magistrate may authorize his detention either in judicial or in police custody. Unless the Magistrate passes such an order, the...
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