CrPC Section 58
CrPC Section 58 – Police to report arrests without warrant
Purpose
This section ensures accountability of the police whenever they arrest someone without a warrant. It prevents misuse of police powers and ensures that arrests are not kept hidden.
Provision
Every police officer in charge of a police station must report to the District Magistrate (DM) or Sub-Divisional Magistrate (SDM) all cases of persons arrested without a warrant, and who have been kept in custody.
This report must be made regularly, so that the Magistrate has supervision over such arrests.
Key Points
Applies only to arrests without warrant.
The police officer in charge of a police station is responsible for sending the report.
The report goes to either:
District Magistrate (DM), or
Sub-Divisional Magistrate (SDM).
Objective: to keep the judicial authority informed and to prevent illegal or arbitrary detention.
Example
Suppose the police in a town arrest a man on suspicion of being involved in a theft without obtaining a warrant.
The Station House Officer (SHO) must send a report of this arrest to the District Magistrate or SDM.
This allows the Magistrate to know that the man has been arrested and is in custody.
If needed, the Magistrate can call for further details or take action if the arrest seems unjustified.
In Short
Section 58 CrPC makes it mandatory for the police to inform the Magistrate about arrests made without a warrant.
It provides a check on police powers and ensures protection of citizens against arbitrary or secret arrests.
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