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.
Bharatiya Nagarik Suraksha Sanhita
Section 58
Person arrested not to be detained more than twenty-four hours
Englishहिंदी
⚡ Quick Answer Reference: Section 58 BNSS
- Provision: Section 58 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: Police officers must report to the District Magistrate or Sub-divisional Magistrate within 24 hours of arresting someone without a warrant. This includes people who have been released on bail or not.
Statutory Content
What does Section 58 of BNSS say?
Indian StandardSection 58, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 58 (India)
Court Pleading StandardSection 58 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/58
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
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).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose
What does Section 58 of BNSS mean?
Plain English Explanation
Police officers must report to the District Magistrate or Sub-divisional Magistrate within 24 hours of arresting someone without a warrant. This includes people who have been released on bail or not.
Practical Interpretation
In practice, this means that police officers have to keep track of all arrests made without a warrant and inform the higher authorities within 24 hours. This helps ensure that people are not detained for too long without being charged or released.
Core Legal Purpose
The core purpose of this section is to prevent arbitrary detention and ensure that people are not held in custody for more than 24 hours without a valid reason. This aligns with the principles of natural justice and the right to liberty.
Key Legal Elements
- •Arrests made without a warrant
- •Reporting to the District Magistrate or Sub-divisional Magistrate within 24 hours
- •No specific legal test or threshold standard is mentioned in this section
- •No key exception or limitation is mentioned in this section
Practical Example
Practical Example of Section 58 BNSS
Rajesh, a police officer, arrests Priya without a warrant for suspected theft. Rajesh must report the arrest to the District Magistrate within 24 hours, providing details of the arrest and the reasons for it. If the District Magistrate directs Rajesh to report to the Sub-divisional Magistrate, Rajesh must comply. This ensures that Priya is not detained for too long without being charged or released.
Common Questions (FAQ)
Frequently Asked Questions about Section 58 BNSS
Q: What is the punishment or consequence under Section 58 of BNSS?
There is no specific punishment or consequence mentioned in this section. However, if a police officer fails to report an arrest within 24 hours, they may be liable for disciplinary action or even prosecution under other provisions of the Act.
Q: Does this section apply to private individuals or public entities?
This section applies to public entities, specifically police officers and their stations. Private individuals are not directly affected by this provision.
Q: Is an offence under this section bailable or cognizable?
This section does not create an offence, but rather a procedural requirement for police officers. Therefore, it is not bailable or cognizable in the classical sense.
People Also Ask (PAA)
Common Questions about Section 58 BNSS
What is Section 58 of BNSS?
Section 58 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Person arrested not to be detained more than twenty-four hours". In plain terms: Police officers must report to the District Magistrate or Sub-divisional Magistrate within 24 hours of arresting someone without a warrant. This includes people who have been released on bail or not.
What is the punishment under Section 58 of BNSS?
Section 58 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 58 of BNSS bailable or non-bailable?
Whether Section 58 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 58 of BNSS?
The essential elements of Section 58 of BNSS are: Arrests made without a warrant; Reporting to the District Magistrate or Sub-divisional Magistrate within 24 hours; No specific legal test or threshold standard is mentioned in this section.
Landmark Case Laws
Landmark Judgments under Section 58 BNSS
Patnahcucisdb94 High Court (10 8)
Related Sections
Commonly Cited Alongside
Sections commonly cited alongside Section 58
Query this section with AI
Ask Nyaya AI About Section 58
Select a pre-configured prompt to run this section through the grounded research engine.
Contextual Workflows