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.
Bharatiya Nagarik Suraksha Sanhita
Section 57
Person arrested to be taken before Magistrate or officer in charge of police station
Englishहिंदी
⚡ Quick Answer Reference: Section 57 BNSS
- Provision: Section 57 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
- Jurisdiction: India
- Summary: A police officer must take or send an arrested person to a Magistrate or the officer in charge of a police station without delay, following the provisions related to bail.
Statutory Content
What does Section 57 of BNSS say?
Indian StandardSection 57, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 57 (India)
Court Pleading StandardSection 57 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/57
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 57 of BNSS mean?
Plain English Explanation
A police officer must take or send an arrested person to a Magistrate or the officer in charge of a police station without delay, following the provisions related to bail.
Practical Interpretation
In practice, this section ensures that an arrested person is promptly presented before a legal authority, adhering to bail provisions, to safeguard their rights and initiate legal proceedings.
Core Legal Purpose
The core purpose is to establish a prompt and lawful procedure for handling arrests, ensuring that the arrested individual's rights are protected and that the legal process is initiated in a timely manner.
Key Legal Elements
- •The arrest must be made by a police officer without a warrant.
- •The person arrested must be taken or sent before a Magistrate having jurisdiction or the officer in charge of a police station.
- •The action must be taken without unnecessary delay.
- •The provision is subject to the provisions herein contained as to bail.
Practical Example
Practical Example of Section 57 BNSS
Rajesh, a police officer, arrests Amit without a warrant for a minor offense. Following the arrest, Rajesh must take or send Amit before a Magistrate or the officer in charge of the police station, ensuring that this is done promptly and considering the provisions related to bail. This procedure is crucial for initiating the legal process and protecting Amit's rights.
Common Questions (FAQ)
Frequently Asked Questions about Section 57 BNSS
Q: What is the punishment or consequence under Section 57 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to police officers making arrests, implying its relevance to public entities or individuals acting in an official capacity as law enforcement.
Q: Is an offence under this section bailable or cognizable?
This section does not directly address the bailability or cognizability of an offence; it focuses on the procedural aspect of taking an arrested person before a Magistrate or officer in charge of a police station.
People Also Ask (PAA)
Common Questions about Section 57 BNSS
What is Section 57 of BNSS?
Section 57 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Person arrested to be taken before Magistrate or officer in charge of police station". In plain terms: A police officer must take or send an arrested person to a Magistrate or the officer in charge of a police station without delay, following the provisions related to bail.
What is the punishment under Section 57 of BNSS?
Section 57 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 57 of BNSS bailable or non-bailable?
Whether Section 57 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 57 of BNSS?
The essential elements of Section 57 of BNSS are: The arrest must be made by a police officer without a warrant.; The person arrested must be taken or sent before a Magistrate having jurisdiction or the officer in charge of a police station.; The action must be taken without unnecessary delay..
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