Whenever the question of “least possible delay” arises for decision in computing the period of time, the Court has to have regard to the particular circumstances of the case-physical impossibility or otherwise, to make over the arrested person to the nearest police station and how, where and in what circumstances, the arrest was effected.
What is meant by ‘unnecessary delay’ in Section 56 of the Code? The upper limit given is 24 hours—if this period is passed without compliance with this section, the arrested person should be released forthwith. And the lower limit may be, in some circumstance, less than 24 hours. If the two limits are not complied with, then there shall be ‘unnecessary delay’.