Code of Criminal Procedure, 1973 · Chapter V: Arrest of Persons
Section 56: Person arrested to be taken before Magistrate or officer in charge of police station
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
A police officer arresting someone without a warrant must, without unnecessary delay and subject to bail provisions, take them before a Magistrate with jurisdiction or the officer in charge of a police station.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 56
- Pooja Agarwal v. State (Nct of Delhi)
- Sakil Ahmad v. State of NCT of Delhi
- Enforcement Directorate, Government of India v. Kapil Wadhawan & Anr. Etc
- The State of Jammu & Kashmir and Others v. Dr. Saleem Ur Rehman
- Gautam Navlakha v. National Investigation Agency
- Union of India v. Ashok Kumar Sharma and Others
- Uday Mohanlal Acharya v. State of Maharasiitra
- Additional District Magistrate, Jabalpur v. S. S. Shukla Etc. Etc.