Section 57 of Bharatiya Nagarik Suraksha Sanhita, 2023: Person arrested to be taken before Magistrate or officer in charge of police station

Bharatiya Nagarik Suraksha Sanhita, 2023 • Official Statutory Text & Practice Guide

Procedural Safeguards
Police Powers & Rights
Judicial Magistrate 1st Class / High Court
Formerly Sec 56 CrPC
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 57

Section 57 mandates that a police officer making an arrest without a warrant shall, without unnecessary delay and subject to the provisions as to bail, take or send the person arrested before a Magistrate having jurisdiction, or before the officer in charge of a police station.

  • Without Unnecessary Delay: Immediate transfer to the police station or production before the jurisdictional Magistrate.
  • Subject to Bail: If the offence is bailable, police must immediately grant bail upon furnishing of bond.
  • Prohibition of Intermediary Holding: Police cannot detain an arrested person in secret farmhouses, unofficial CIA units, or private locations.
Key Landmark Precedents:
  • Dhananjay Sharma v. State of Haryana (1995) 3 SCC 757: The Supreme Court severely punished police officers who detained citizens in secret police outposts without entering arrest in the station diary.
  • D.K. Basu v. State of West Bengal (1997) 1 SCC 416: Mandated that arrest details, time of arrest, and place of detention must be logged in the station diary immediately.
Courtroom Practice & Strategic Litigation Guidance:

Check the General Diary (GD) and Lockup Register at the police station. An unexplained delay between the time of physical apprehension and formal entry in the GD constitutes illegal detention.