CrPC Section 56
Section 56 – Person arrested to be taken before Magistrate or officer in charge of police station
This section lays down what the police must do after arresting a person without a warrant.
Main Provisions
Immediate Production
Whenever a police officer makes an arrest without a warrant, he must without unnecessary delay take or send the arrested person before:
The nearest Magistrate who has jurisdiction, or
The officer-in-charge of the nearest police station.
No Unnecessary Detention
The arrested person cannot be kept in private custody or confined unnecessarily.
The law requires that the person be produced before lawful authority as quickly as possible.
Purpose
This is to protect the personal liberty of citizens.
It ensures the police do not misuse their power by keeping someone under arrest without presenting them before a judicial or responsible authority.
Illustration
Suppose the police arrest Amit without a warrant on suspicion of theft.
After arrest, the police cannot keep Amit locked up for long without informing a Magistrate.
They must take him either to the Magistrate directly or to the nearest police station officer-in-charge, who will then follow further legal procedure (like investigation or producing him before court within 24 hours as per Section 57).
Connection with Other Sections
Section 55: Deals with a subordinate police officer making an arrest under written order of a senior officer.
Section 57: Limits detention without Magistrate’s approval to 24 hours.
Article 22(2) of the Constitution: Also protects personal liberty by requiring production before Magistrate within 24 hours.
✅ In short:
Section 56 CrPC ensures that a person arrested without a warrant is not illegally detained. The police must take him without delay before the nearest Magistrate or officer-in-charge of a police station.
RELATED Blog
0 comments