Bharatiya Nagarik Suraksha Sanhita

Section 59

Police to report apprehensions

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⚡ Quick Answer Reference: Section 59 BNSS

Provision: Section 59 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 all arrests made without a warrant to the District Magistrate or Sub-divisional Magistrate, including whether the person was granted bail.

Statutory Content

What does Section 59 of BNSS say?

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.

Indian StandardSection 59, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 59 (India)

Court Pleading StandardSection 59 of the Bharatiya Nagarik Suraksha Sanhita

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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 59 of BNSS mean?

Plain English Explanation

Police officers must report all arrests made without a warrant to the District Magistrate or Sub-divisional Magistrate, including whether the person was granted bail.

Practical Interpretation

This section ensures that all arrests made by police are accounted for and reported to higher authorities, promoting transparency and oversight in the arrest process.

Core Legal Purpose

The purpose of this section is to establish a system of reporting and accountability for arrests made by police, helping to prevent abuse of power and ensure that due process is followed.

Key Legal Elements

•Arrests must be made without a warrant to trigger the reporting requirement.
•The report must be made to the District Magistrate or Sub-divisional Magistrate, as directed.
•The key legal test is whether the arrest was made within the limits of the police station's jurisdiction.
•There is no explicit exception or limitation stated in this section.

Practical Example

Practical Example of Section 59 BNSS

Rajesh, a police officer in Mumbai, arrests Amit without a warrant for suspected theft. Rajesh must report the arrest to the District Magistrate, including whether Amit was granted bail. This ensures that the Magistrate is aware of the arrest and can oversee the subsequent proceedings, such as the filing of charges or the granting of bail.

Common Questions (FAQ)

Frequently Asked Questions about Section 59 BNSS

Q: What is the punishment or consequence under Section 59 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 and public entities, specifically requiring them to report arrests made without a warrant.

Q: Is an offence under this section bailable or cognizable?

This section does not define an offence, but rather establishes a procedural requirement for police officers.

Common Questions about Section 59 BNSS

What is Section 59 of BNSS?

Section 59 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Police to report apprehensions". In plain terms: Police officers must report all arrests made without a warrant to the District Magistrate or Sub-divisional Magistrate, including whether the person was granted bail.

What is the punishment under Section 59 of BNSS?

Section 59 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 59 of BNSS bailable or non-bailable?

Whether Section 59 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 59 of BNSS?

The essential elements of Section 59 of BNSS are: Arrests must be made without a warrant to trigger the reporting requirement.; The report must be made to the District Magistrate or Sub-divisional Magistrate, as directed.; The key legal test is whether the arrest was made within the limits of the police station's jurisdiction..

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