CrPC Section 275
CrPC Section 275 – Procedure where the accused appears or is produced
This section deals with what happens when the accused is produced before the Magistrate after an arrest or detention without a warrant.
What does Section 275 say?
When a person is arrested or detained without a warrant and is brought before a Magistrate, the Magistrate must:
Explain to the accused the grounds for his arrest or detention,
And then ask the accused whether he wishes to be released on bail or wants to be kept in custody.
The accused’s response will determine whether bail is granted or whether the accused remains in custody.
Purpose:
To safeguard the accused’s right to know the reason for arrest/detention,
To allow the accused to seek bail at the earliest stage,
To ensure that the detention is lawful and justified.
Key points:
Applies immediately after arrest/detention without a warrant.
The Magistrate has a duty to inform the accused of the grounds of arrest.
The accused must be given an opportunity to apply for bail.
In simple terms:
When someone is arrested without a warrant and brought before a Magistrate, the Magistrate must tell them why they were arrested and ask if they want bail or to stay in custody.
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