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BNSS, 2023
Start Practicing
BNSSChapter VSection 57
Section57

Person arrested to be taken before Magistrate or officer in charge of police station

AI Assist

Summary

If police arrest a person without a warrant, they must, without unnecessary delay and subject to rules on bail, take or send that person before the Magistrate with jurisdiction or before the officer in charge of the police station. The produced person can then be considered for bail, remand or other immediate orders by the Magistrate or officer in charge.

Example

Ravi is arrested at a market without a warrant after a stallholder complains of a theft. The police must, without unnecessary delay, take or send him before the local Magistrate or the officer in charge of the police station so the Magistrate can decide on bail or remand.

Bare Act

Enacted text

A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station.

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V

Chapter V

Arrest of Persons

In this chapter

  • 35When police may arrest without warrant
  • 36Procedure of arrest and duties of officer making arrest
  • 37Designated police officer
  • 38Right of arrested person to meet an advocate of his choice during interrogation
  • 39Arrest on refusal to give name and residence
  • 40Arrest by private person and procedure on such arrest
  • 41Arrest by Magistrate
  • 42Protection of members of Armed Forces from arrest
  • 43Arrest how made
  • 44Search of place entered by person sought to be arrested
  • 45Pursuit of offenders into other jurisdictions
  • 46No unnecessary restraint
  • 47Person arrested to be informed of grounds of arrest and of right to bail
  • 48Obligation of person making arrest to inform about arrest, etc., to relative or friend
  • 49Search of Arrested person
  • 50Power to seize offensive weapons
  • 51Examination of accused by medical practitioner at request of police officer
  • 52Examination of person accused of rape by medical practitioner
  • 53Examination of arrested person by medical officer
  • 54Identification of person arrested
  • 55Procedure when police officer deputes subordinate to arrest without warrant
  • 56Health and safety of arrested person
  • 57Person arrested to be taken before Magistrate or officer in charge of police station
  • 58Person arrested not to be detained more than twenty-four hours
  • 59Police to Report apprehensions
  • 60Discharge of Person apprehended
  • 61Power, on escape, to pursue and retake
  • 62Arrest to be made strictly according to Sanhita
Previous · Section 56Health and safety of arrested personNext · Section 58Person arrested not to be detained more than twenty-four hours