Person arrested to be taken before Magistrate or officer in charge of police station
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Summary
A police officer who arrests someone without a warrant must, without unnecessary delay, take or send the arrested person before the magistrate who has jurisdiction in the case or before the officer in charge of a police station. This duty is subject to the Code's provisions about bail. The rule ensures prompt judicial or supervisory oversight after arrest.
Example
Ravi is arrested by a constable at a market without a warrant on suspicion of theft. The constable must, without unnecessary delay, take or send Ravi before the magistrate having jurisdiction or to the officer in charge of the police station; any decision on bail must follow the Code's rules.
Bare Act
Enacted textA police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, lake 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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