Code
The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 71 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person:
Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.
Explain the Code
This section mandates that a person arrested without a warrant must be produced before the nearest Magistrate within a specific timeframe. The objective is to ensure that:
- The arrest is legal and justified.
- The arrested person is not subjected to unlawful detention.
- The Magistrate can assess the legality of the arrest and the need for further detention.
Illustrate it
Suppose a police officer arrests someone for theft without a warrant. Under Section 76 CrPC, the officer must bring the arrested person before the nearest Magistrate within 24 hours of the arrest. The Magistrate will then examine the case and decide whether the arrest was justified, whether to release the arrested person on bail, or if further detention is necessary.
Common Questions and Answers
Q: What happens if the arrested person is not produced before the Magistrate within the stipulated time?
A: The arrest becomes illegal, and the arrested person can be released on bail.
Q: Can the police delay the appearance of the arrested person before the Magistrate?
A: Yes, but only in specific circumstances, such as when the distance to the nearest Magistrate is considerable, or if the arrested person is injured or unwell. The police must explain the reason for the delay to the Magistrate.
Q: What happens if the arrested person is not produced before the Magistrate within 24 hours due to travel time?
A: The police must produce the arrested person before the Magistrate within 24 hours of the arrest, regardless of travel time.
