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.
Section 57 BNSS: Person arrested to be taken before Magistrate or officer in charge of police station
- Corresponding CrPC
- Section 56 CrPC
Bare Act text
Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.
In simple words
Requires a police officer who arrests without warrant to take or send the person without unnecessary delay before a Magistrate with jurisdiction, or before the officer in charge of a police station, subject to the bail provisions.
Chapter V: Arrest Of Persons
- 35 When police may arrest without warrant
- 36 Procedure of arrest and duties of officer making arrest
- 37 Designated police officer
- 38 Right of arrested person to meet an advocate of his choice during interrogation
- 39 Arrest on refusal to give name and residence
- 40 Arrest by private person and procedure on such arrest
- 41 Arrest by Magistrate
- 42 Protection of members of Armed Forces from arrest
- 43 Arrest how made
- 44 Search of place entered by person sought to be arrested
- 45 Pursuit of offenders into other jurisdictions
- 46 No unnecessary restraint
- 47 Person arrested to be informed of grounds of arrest and of right to bail
- 48 Obligation of person making arrest to inform about arrest, etc., to relative or friend
- 49 Search of arrested person
- 50 Power to seize offensive weapons
- 51 Examination of accused by medical practitioner at request of police officer
- 52 Examination of person accused of rape by medical practitioner
- 53 Examination of arrested person by medical officer
- 54 Identification of person arrested
- 55 Procedure when police officer deputes subordinate to arrest without warrant
- 56 Health and safety of arrested person
- 57 Person arrested to be taken before Magistrate or officer in charge of police station
- 58 Person arrested not to be detained more than twenty-four hours
- 59 Police to report apprehensions
- 60 Discharge of person apprehended
- 61 Power, on escape, to pursue and retake
- 62 Arrest to be made strictly according to Sanhita