CrPC Section 58: Police Reporting of Apprehensions – Detailed Guide

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CrPC Section 58: Police Reporting of Apprehensions

1. The Code

Section 58 of the Code of Criminal Procedure, 1973 (CrPC) deals with the reporting of apprehensions by the police.

2. Explanation

This section mandates that whenever a police officer apprehends a person, they are obligated to report the apprehension to the nearest Magistrate within 24 hours. This reporting must include:

  • The name and address of the person apprehended.
  • The grounds for the apprehension.
  • The time and place of the apprehension.
  • The place where the person is detained.

The Magistrate, upon receiving the report, can then decide on the further course of action, such as releasing the person on bail or remanding them to police custody.

3. Illustration

Let’s say a police officer apprehends a person suspected of theft. Within 24 hours, the officer must report to the nearest Magistrate, providing details like the suspect’s name, address, reason for apprehension, time and location of the arrest, and current detention location.

4. Common Questions and Answers

Q: What happens if the police fail to report the apprehension within 24 hours?

A: This could be considered a violation of the person’s rights, and the person may have grounds to challenge their detention.

Q: Can a person apprehended be detained for longer than 24 hours without being produced before a Magistrate?

A: Generally no. Section 56 of CrPC mandates that a person apprehended should be produced before a Magistrate within 24 hours of arrest.

Q: What if the person apprehended is not a resident of India?

A: The police must still report the apprehension to the nearest Magistrate, even if the person is a foreign national. The report should include relevant details about their nationality and any relevant visa or immigration status.

Also Read  CrPC Section 392: Procedure for Equally Divided Judges in Appeal Courts
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