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IndiaCode Laws
Section56
The Code of Criminal Procedure, 1973

Person arrested to be taken before Magistrate of officer in charge ofpolice station

Repealed From 01 Apr 1974 Act 2 of 1974 As on 14 Oct 2026

Act 2 of 1974 Ministry Home Affairs Enacted 25 Jan 1974 In force 01 Apr 1974

This provision is repealed. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024. It is reproduced because conduct before that date is still charged, tried and appealed under it.

Section 56 of the Code of Criminal Procedure, 1973 deals with person arrested to be taken before Magistrate of officer in charge ofpolice station. Person arrested to be taken before Magistrate of officer in charge of police station. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.

Person arrested to be taken before Magistrate of 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.

Section 56, The Code of Criminal Procedure, 1973 (Act 2 of 1974).

Now in the Bharatiya Nagarik Suraksha Sanhita

BNSS 57 Person arrested to be taken before Magistrate or officer in charge of police 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 The repealed enactment still governs what happened while it was in force.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.

  1. Bhola Singh vs The State of Madhya Pradesh

    High Court 23 Nov 2023 Persuasive (Other HC)

    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.

    Read the full order on eCourts India

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 56

What have the courts held on Section 56 of the Code of Criminal Procedure?

Bhola Singh vs The State of Madhya Pradesh (23 Nov 2023) is the leading judgment on this section among those set out below: 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 56 of the Code of Criminal Procedure?

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: CRPC 56, section 56 CRPC, section 56 of the Code of Criminal Procedure. 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 56 of the Code of Criminal Procedure, and has it changed?

For anything done on or after 1 July 2024 the provision to read is BNSS 57 (Person arrested to be taken before Magistrate or officer in charge of police station), which replaced it; conduct before that date is still charged, tried and appealed under this section.

When did Section 56 of the Code of Criminal Procedure come into force?

Section 56 of the Code of Criminal Procedure, cited as CRPC 56, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.

Other sections of this Act

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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.