# Arrested? 24 hours, then a magistrate. > The Constitution sets the clock, not the police station. Know these lines before anyone in your family needs them. - Topic: Criminal law - For: Citizens - A 8-slide carousel: https://failegal.site/media/arrested-24-hours-then-a-magistrate - Published by FAI Legal on 2026-10-10 ## 24 hours. Then a magistrate. The Constitution says every arrested person must be taken before a magistrate within 24 hours. Only the travel time to the nearest court is not counted. > "Every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours of such arrest" (Constitution of Pakistan · Article 10(2)) ## After 24 hours, police need an order. Police cannot decide on their own to keep you longer. Beyond 24 hours they need a special order of a Magistrate. > "such period shall not, in the absence of a special order of a Magistrate under Section 167 exceed twenty-four hours exclusive of the time necessary for the journey" (Code of Criminal Procedure, 1898 · Section 61) ## Two things you can ask for. Both are in Article 10(1) of the Constitution. - **"Why am I arrested?"** You must be told the grounds of your arrest, as soon as may be. - **"I want my lawyer."** You cannot be denied a lawyer of your choice, to advise and defend you. ## Held with no court date? Any person can ask the High Court to order that someone in custody be brought before it, so the court can check the custody is lawful. - **Arrest: The clock starts** Travel time to the court is not counted. - **24 hrs: Before a magistrate** Or a magistrate orders further custody. - **If not: Petition the High Court** Article 199(1)(b)(i) of the Constitution. ## One exception. Know it. These two safeguards do not apply to preventive detention laws (Article 10(3)). Those have their own rules and Review Boards. - **Normal arrest** Told the grounds, a lawyer, a magistrate within 24 hours. - **Preventive detention** Different rules under Article 10(4) to 10(7). ## Check your situation. Free. Ask FAI in your own words. It answers with the exact article and section and the judgments behind it. - **My brother was arrested last night and has not been taken to court. What can we do?** - **Can police keep someone for 3 days without a magistrate?** ## What this does not mean - The 24 hours do not include the travel time to the nearest court. - Police may hold someone past 24 hours only with a special order of a Magistrate under s.167 CrPC. - The safeguards in Article 10(1) and 10(2) do not apply to preventive detention laws (Article 10(3)), which have their own rules. ## Questions people ask ### How long can police keep you without a magistrate in Pakistan? Twenty four hours, not counting the journey to the nearest court. Every arrested person must be produced before a magistrate within that time (Constitution, Article 10(2); CrPC s.61). ### Can police keep someone for 3 days without a magistrate? No. Beyond 24 hours police need a special order of a Magistrate under s.167 CrPC (s.61). ### What are my rights when arrested in Pakistan? Under Article 10(1) you must be told the grounds of arrest as soon as may be, and you cannot be denied a lawyer of your choice to advise and defend you. ### What can I do if a family member is held and not taken to court? Any person can petition the High Court under Article 199(1)(b)(i) to have the person in custody brought before it, so it can check the custody is lawful. ### Does the 24 hour rule apply to preventive detention? No. Article 10(3) says these safeguards do not apply to preventive detention laws. Those follow Article 10(4) to 10(7), with Review Boards. ## Sources - Constitution of Pakistan · Article 10(2): Safeguards as to arrest and detention - Code of Criminal Procedure, 1898 · Section 61: Persons arrested not to be detained more than twenty-four hours --- Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. FAI Media is part of FAI Legal (https://failegal.site), research on Pakistani statutes and judgments. Free to watch and read.