Custody In Transit: A Critical Study Of Judicial Innovation Under Constitution And BNSS
- IJLLR Journal
- Dec 17, 2025
- 1 min read
Ajinkya Misal, B.A.LL.B. (Hons.), Maharashtra National Law University, Chhatrapati, Sambhajinagar (MNLUCS)
ABSTRACT
The doctrine of Transit Remand, though not explicitly mentioned in the criminal statute, has gradually evolved though the judicial precedents in India. Apart from serving only the procedural aspect of criminal justice delivery system, it is an important core stone protecting the fundamental rights of the arrested person. The constitution in its Part III, sheds light over the Fundamental Rights and also act as a guardian for individuals who are arrested with such set of rights. Article 21 and Article 22, constitutionally protects the Liberty of individual including the protection against arrest and detention. The primary function of Transit Remand is to keep an eye on the actions of the police, ultimately protecting the fundamental rights of the arrested individual. Transit remand is crucial so as to monitor that the individual’s fundamental rights are not violated under the shadow of geographical constrains or commutation difficulty. This procedure mandates that the arrested entity should be produced before the nearest magistrate if it is not possible to produce the person before the magistrate of original jurisdiction, and in accordance take the permission for the time of transit ultimately avoiding the exploitation of rights of arrested through illegal detention. This paper explores the origin and true essence of Transit remand while undertaking its constitutional as well as statutory mentions backed by precedents. Constantly emerging issues and answers to pace today’s problems emphasizing its role in upholding constitutional values and human rights, is the direction of this paper.
Keywords: Transit, Remand, Magistrate, Twenty-four hours, Jurisdiction.
