CrPC Section 88
Section 88 – Person arrested to be taken or sent before magistrate without unnecessary delay
Legal Provision:
When a person is arrested by a police officer or private person without a warrant, they must be taken or sent without unnecessary delay before the nearest magistrate or to a police station.
Key Points:
The arrested person should be produced before a magistrate promptly, usually within 24 hours of arrest (as clarified by Supreme Court rulings).
This ensures protection of the arrested person’s rights, including the right to be informed of the grounds of arrest and to seek bail.
Prevents illegal detention without judicial oversight.
Police cannot keep the arrested person in custody indefinitely without magistrate’s permission.
Example:
If the police arrest someone without a warrant on suspicion of theft, they must take that person to the magistrate promptly — usually within a day — for further legal procedures.
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