Legal Provisions of Section 57 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Person Arrested Not to be Detained More Than Twenty-four Hours:
This section applies when police officer has detained a person arrested without a warrant. But in case of arrest under a warrant the proviso to Section 76 would apply.
ADVERTISEMENTS:
The provision laid down in Section 57 seems to be designed to ensure that within not more than 24 hours some Magistrate should have information as to the nature of the charge against the accused, however, incomplete the information may be.
Where a police officer fails to produce an arrested person before a Magistrate within 24 hours of the arrest, he shall be held guilty of the offence of wrongful detention.
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The High Court of Bombay has seriously disapproved the tendency of certain officers to note the time of arrest in such a manner that the accused’s production before the Magistrate may appear well within the period of 24 hours.
ADVERTISEMENTS:
The arrested person on being produced before a Magistrate within 24 hours of his arrest, may be ordered by the Magistrate to be detained for a term not exceeding fifteen days on the whole under Section 167 of the Code.
In Kultej Singh v. Circle Inspector, the accused was produced before the Magistrate much beyond the period of 24 hours, the concerned police officials tendered unconditional apology and offered their explanation stating that the delay was caused because of the urgency to go elsewhere in connection with communal riots. The contents of F.I.R. relating to the riot also supported the fact and, therefore, their apology was accepted by the Court.