Chapter V
Section 56 CrPC: Person arrested to be taken before Magistrate or officer in charge of police station
New Law Update (2024)
Section 61 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act 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.
Important Sub-Sections Explained
Landmark Judgements
D.K. Basu v. State of West Bengal (1997):
This landmark judgment laid down comprehensive guidelines for arrest and detention by police, emphasizing the fundamental rights of arrested persons and aiming to prevent custodial violence. Its principles reinforce the necessity of prompt production before a Magistrate.
Joginder Kumar v. State of U.P. (1994):
This case affirmed the crucial rights of an arrested person, including the right to inform a friend or relative of their arrest. It underscored the police officer’s duty to inform the arrested person of this right and reiterated the importance of producing the arrested person before a Magistrate without undue delay, as mandated by Section 56 CrPC.