Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 57
Code:
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.
Explanation:
This section mandates that a police officer who arrests someone without a warrant must promptly present the arrested person before a Magistrate or the officer in charge of a police station, unless bail is granted.
Illustration:
If a police officer arrests someone for a minor offense like public intoxication, the officer should take the person to the nearest police station without unnecessary delay. The officer in charge of the station will then determine if the person can be released on bail or if they need to be presented before a Magistrate.
Common Questions and Answers:
What is considered “unnecessary delay”?
The time it takes for the officer to transport the arrested person to the police station or magistrate’s court, considering the distance and any necessary procedures.
Can the police officer delay the presentation of the arrested person?
Yes, in some situations, like when an investigation is ongoing or the officer needs to secure a warrant, the officer can delay the presentation of the arrested person. However, such delay should be justified and must not be arbitrary.
What happens if the police officer fails to comply with this section?
The arrest may be deemed illegal, and the arrested person may be entitled to compensation for wrongful detention.
