Section 59 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Police To Report Apprehensions.

Officers in charge of police stations shall report to the District Magistrate, or, if
he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without
warrant, within the limits of their respective stations, whether such persons have been
admitted to bail or otherwise.

Explanation of Section 59 BNSS

Key Provisions

1. Mandatory Reporting of Arrests Without Warrant

   • If a person is arrested without a warrant, the police officer in charge must report the case to:

     • District Magistrate (DM) or

     • Sub-divisional Magistrate (SDM), if directed by the DM.

2. Covers All Arrests Without Warrant

   • The report must be submitted irrespective of whether:
     ✅ The person was granted bail
     ❌ The person remains in custody

3. Ensures Judicial Oversight

   • Prevents illegal detentions by ensuring Magistrates are aware of all warrantless arrests.

   • Allows higher authorities to monitor police actions and prevent abuse of power.

Illustration of Section 59 BNSS

Example 1: Arrest Without Warrant and Bail Granted

Case: A person is arrested without a warrant for a minor offense but is granted bail at the police station.
✅ The police must still report the arrest to the District Magistrate.

Example 2: Arrest Without Warrant and No Bail Given

Case: A suspect is arrested without a warrant for a serious crime and is not granted bail.
✅ The police must report the arrest to the Magistrate, ensuring judicial review.

Example 3: Failure to Report an Arrest

Case: The police arrest a person without a warrant but do not inform the Magistrate.
❌ This is a violation of Section 59, and the officers may face legal consequences.

Common Questions and Answers on Section 59 BNSS

1. Is reporting required if bail is granted?

✅ Yes, even if bail is granted, the police must report the arrest to the Magistrate.

2. What happens if the police fail to report an arrest?

❌ Failure to report an arrest can lead to disciplinary action against the officer.

3. Why is this rule important?

✅ It ensures that all warrantless arrests are reviewed by higher authorities, preventing misuse of police power.

4. Who receives the report?

✅ The District Magistrate (DM) or, if directed, the Sub-divisional Magistrate (SDM).

5. Does this apply to all police stations?

✅ Yes, all police stations must follow this rule for transparency and accountability.

Conclusion

Section 59 BNSS ensures accountability in cases of warrantless arrests by requiring mandatory reporting to higher authorities. This:
✅ Prevents wrongful arrests
✅ Ensures Magistrate oversight
✅ Strengthens transparency in law enforcement

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