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Report No. 152

3.19. Sections 56, 57 and 58: Action after arrest.-

Section 56 of the Code provides that a police officer making an arrest without warrant shall, without unnecessary delay and subject to provisions as to bail, send the person arrested before a Magistrate having jurisdiction in the case or before the officer in charge of a police station. By section 57, no police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed 24 hours exclusive of the time necessary for the journey from the place of arrest to the court of the Magistrate. Provisions of section 57 are mandatory.1

Section 58 provides that officers in charge of police stations shall report to the District Magistrate (or, if he so directs, to the Sub-Divisional Magistrate) the caws of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise.

The object of these sections is to ensure that prolonged detention is not resorted to by the Police and that the person detained has an opportunity of making known to the Magistrate any problems that he might have faced after arrest.

1. Khatri v. State of Bihar, AIR 1981 SC 928: 1981 Cr Lir 470.

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