Person arrested to be taken before Magistrate or officer in charge of police station
Section 57 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with person arrested to be taken before Magistrate or officer in charge of police station. 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. The Act came into force on 01 Jul 2024.
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.
Section 57, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 56 Person arrested to be taken before Magistrate of officer in charge ofpolice station Text carried over almost unchanged 94%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Bhola Singh vs The State of Madhya Pradesh
Decided under Code of Criminal Procedure 56, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When the statutory period of 180 days (or 60/90 days as applicable) for filing charge-sheet expires without the charge-sheet being filed, an indefeasible right to default bail accrues to the accused. This right is computed by including the date of remand as the first day of the stipulated period. The date of remand cannot be excluded from this computation, as such exclusion would create a legal vacuum, violate personal liberty protections under the Constitution, and militate against the legislative intent of protecting accused from prolonged custody due to investigative delays. This right cannot be defeated by the prosecution filing the charge-sheet after the accused has offered to furnish bail.
On this section: Relates to arrest of accused by police. Distinguished from remand under Section 167(2) to clarify that remand period is distinct and should be counted separately.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 57
What have the courts held on Section 57 of the Bharatiya Nagarik Suraksha Sanhita?
Bhola Singh vs The State of Madhya Pradesh (23 Nov 2023) is the leading judgment on this section among those set out below, though it was decided under CRPC 56, which this section replaced -- the court never mentioned this Act: Relates to arrest of accused by police. Distinguished from remand under Section 167(2) to clarify that remand period is distinct and should be counted separately.
How do I find court cases under Section 57 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 57, section 57 BNSS, section 57 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type 57 bnss in crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Bhola Singh vs The State of Madhya Pradesh (23 Nov 2023).
What should I read with Section 57 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 56 (Person arrested to be taken before Magistrate of officer in charge ofpolice station), so the judgments decided under that provision are the case law on this one.
When did Section 57 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 57 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 57, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.