Code: Section 57 BNSS
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 of Section 57 BNSS
Key Provisions
- Immediate Presentation Before Authority
- When a person is arrested without a warrant, the police must quickly present them before:
✅ A Magistrate with jurisdiction
✅ The officer in charge of a police station
- When a person is arrested without a warrant, the police must quickly present them before:
- No Unnecessary Delay
- The police cannot delay presenting the arrested person without a valid reason.
- Bail Consideration
- If the offense is bailable, the police may release the person on bail instead of presenting them before a Magistrate.
Illustration of Section 57 BNSS
Example 1: Lawful Action by Police
Case: A person is arrested for a minor offense at 8 AM. The police present them before the Magistrate by 11 AM the same day.
✅ Lawful, as there was no unnecessary delay.
Example 2: Unlawful Delay in Presentation
Case: A suspect is arrested at 9 AM but kept in custody until 8 PM without a valid reason before being taken to the Magistrate.
❌ Unlawful, violating Section 57. The suspect can challenge the delay in court.
Example 3: Bail Instead of Presentation
Case: A person is arrested for a bailable offense. The police release them on bail instead of taking them to the Magistrate.
✅ Lawful, as the police have the discretion to grant bail under the law.
Common Questions and Answers on Section 57 BNSS
1. Can the police detain a person for long before presenting them to a Magistrate?
❌ No. Any unnecessary delay in presenting the arrested person is illegal.
2. What happens if the police delay the presentation?
✅ The arrested person can file a complaint or challenge the detention in court. The police officer may face disciplinary action.
3. What if the arrested person is eligible for bail?
✅ If the offense is bailable, the police can grant bail instead of presenting the person to the Magistrate.
4. Does this rule apply to both minor and serious offenses?
✅ Yes. It applies to all cases of arrest without a warrant.
5. Why is this rule important?
✅ It prevents illegal detention and ensures that justice is swift.
Conclusion
Section 57 BNSS protects individuals’ rights by ensuring:
✅ Quick judicial oversight after an arrest
✅ No unnecessary delay in presenting an arrested person
✅ Protection against illegal detention
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