58
58
Police to report apprehensions
Code of Criminal Procedure, 1973
Chapter V Arrest of Persons
⚖️
Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 yearsArrestPolice ProcedureMagistrateAccountability
🗣️ Simple Explanation
What does this law say?
Section 58 of the CrPC says that the police must report all arrests made without a warrant to the District Magistrate or Sub-divisional Magistrate. This includes people who have been bailed or are still in custody.
Why does this law exist?
This law ensures that a higher authority knows about all arrests. It helps to keep the police accountable and prevent misuse of power.
Real-life impact
This law ensures that the Magistrate is aware of all arrests. This helps in monitoring the police and ensuring that arrests are lawful. It also helps in preventing illegal detentions.
What happens if you break this law?
This section is about police procedure, not about what happens if you break a law. It focuses on how the police must report arrests.
💡 Real Life Example
Priya is arrested for a petty theft. The police must report her arrest to the District Magistrate. Failure to do so violates Section 58. The legal consequence is that the police officer could face disciplinary action.
🛡️ KNOW YOUR RIGHTS
- •Know that the police must report your arrest to the Magistrate.
- •Ask for the reason for your arrest.
- •Contact a lawyer immediately.
- •Understand that the Magistrate will be informed about your arrest.
❓ FREQUENTLY ASKED QUESTIONS
Section 58 of the CrPC requires police officers to report all arrests made without a warrant to the District Magistrate or Sub-divisional Magistrate. This ensures that a higher authority is aware of the arrests and can monitor police actions.
Reporting arrests is important because it helps to ensure accountability. It allows the Magistrate to oversee police actions and prevent any misuse of power. It also helps in protecting the rights of the arrested person.
Sources & References
📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library
⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice
📚 Act Reference: Code of Criminal Procedure, 1973
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.
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