Kerala HC lays down guidelines for production of accused before judicial officer after court hours

The Kerala High Court has struck down directions regarding production of the accused before judicial officers after court hours. Previously, the accused must be brought before a court clerk between 10 a.m. and 5 p.m., exceptionally after 5 p.m.

Division Bench of Justices V Raja Vijayaraghavan and KV Jayakumar preserved the provision requiring prior intimation to the judge in cases of production after 5 p.m. The court directed the state government to issue fresh instructions accordingly.

The court was hearing a public interest litigation (PIL) by lawyer PS Subeesh, challenging the protocols issued by the state to be followed while presenting accused persons to registered doctors at hospitals or judicial officers for medico-legal examination.

The directive sought to regulate the circumstances and procedure for bringing a mentally unstable or disturbed person or an accused before judicial officers, particularly outside court hours. The Petitioner argued that the guidelines restrict police officers from bringing the accused before a judge, thereby violating the provisions of the Constitution that mandate that the accused be brought before a judge within 24 hours.

The State argued that the guidelines only regulate the method of production without prejudice to the rights of the accused. She emphasized that the protocol specifically allows late-night production in exceptional circumstances, especially when the 24-hour limit is about to expire.

The court narrated two different scenarios to explore the practical implications of the guidelines. It stated that if the accused was arrested after 5 p.m., the investigating officer might hesitate to produce the accused immediately before the judicial officer in view of the instructions. The guidelines could encourage police to wait until the next morning for court hours to begin, delaying the accused’s ability to seek legal help or contest custody before a judge.

The court also considered a scenario where disclosure of the accused arrested at 4.30pm could lead to the recovery of evidence or stolen property. If the investigating officer was reticent as directed to wait for court hours to resume, it could frustrate investigations on time-sensitive matters.

Published – 23 October 2026 21:45 IST