Section 59 BNSS: Police to report apprehensions (Formerly Section 58 CrPC)

Section 59 of Bharatiya Nagarik Suraksha Sanhita, 2023: Police to report apprehensions

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Charge Sec 2(1)(b) Bail Sec 478

Legal Commentary & Landmark Judgments: Section 59

Section 59 mandates officers in charge of police stations to report to the District Magistrate, or to the Sub-Divisional Magistrate, the cases of all persons arrested without warrant within their respective stations, whether such persons have been admitted to bail or otherwise.

Executive Oversight: Regular reporting of all non-warrant arrests to the District Magistrate or SDM.
Universal Coverage: Applies to both bailed and unbailed arrestees.
Preventing Illegal Confinement: Enables the executive magistracy to maintain independent surveillance over police arrest operations.

Key Landmark Precedents:

State of Haryana v. Bhajan Lal (1992) Supp 1 SCC 335: Noted that administrative reports under the Code ensure transparency and prevent clandestine police detention.
D.K. Basu v. State of West Bengal (1997) 1 SCC 416: Affirmed the necessity of institutional reporting mechanisms to eliminate custodial disappearances.

Courtroom Practice & Strategic Litigation Guidance:

In habeas corpus or illegal detention inquiries, summon the daily arrest report submitted by the police station to the DM under Section 59. Discrepancies between this report and the court remand sheet expose fabricated arrest timelines.