Section 56 CrPC: Person arrested to be taken before Magistrate or officer in charge of police station

Code of Criminal Procedure, 1973

Section 56 CrPC at a Glance

Section 56 CrPC deals with person arrested to be taken before Magistrate or officer in charge of police station. From 1 July 2024 it is replaced by Section 57 BNSS.

Now BNSS

Section 57 →

What Section 56 CrPC Says

56. 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.

Source: Section 56, Code of Criminal Procedure, 1973

Section 56 CrPC in Simple Words

Section 56 of the Code of Criminal Procedure, 1973 deals with taking a person arrested before a Magistrate or the officer in charge of a police station.

A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions of the Code 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.

When Section 56 CrPC Applies

  • Section 56 of the Code of Criminal Procedure, 1973 speaks of a police officer making an arrest without warrant.
  • Under Section 56 CrPC, the duty of the police officer is subject to the provisions herein contained as to bail.
  • Under Section 56 CrPC, the police officer shall take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station.

Time Limits Under Section 56 CrPC

  • Under Section 56 of the Code of Criminal Procedure, 1973, the police officer shall take or send the person arrested without unnecessary delay.Act text: “arrest without warrant shall, without unnecessary delay”

Example of Section 56 CrPC

Rajesh, a police officer, arrests Vikram without warrant. Under Section 56 of the Code of Criminal Procedure, 1973, and subject to the provisions of the Code as to bail, Rajesh shall, without unnecessary delay, take or send Vikram before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station.

When Section 56 CrPC Does Not Apply

  • Section 56 of the Code of Criminal Procedure, 1973 speaks of an arrest without warrant. It does not deal with an arrest made under a warrant.
  • Section 56 CrPC speaks of a police officer making an arrest without warrant. It does not deal with an arrest made by a person who is not a police officer.

Section 56 CrPC Under BNSS 57: What Changed

Section 56 CrPC is now covered under Section 57 BNSS.

Section 56 of the Code of Criminal Procedure, 1973 became Section 57 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 57 BNSS has the same heading and the same text as Section 56 CrPC.

View detailed comparison (CrPC 56 vs BNSS 57) →

FAQs on Section 56 CrPC

Before whom must a police officer produce a person arrested without a warrant under Section 56 CrPC?▼

Under Section 56 of the Code of Criminal Procedure, 1973, a police officer making an arrest without warrant shall take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station.

Must the arresting police officer personally bring the arrested person under Section 56 CrPC?▼

No. Section 56 of the Code of Criminal Procedure, 1973 reads take or send the person arrested, so the police officer may take the person arrested or send the person arrested, without unnecessary delay.

How do bail provisions affect the duty under Section 56 CrPC?▼

Section 56 of the Code of Criminal Procedure, 1973 reads subject to the provisions herein contained as to bail. The duty to take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station, is subject to the provisions of the Code as to bail.

Where is Section 56 CrPC found under the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 56 CrPC is found in Section 57 BNSS, which has the same heading. Section 56 CrPC has no sub-sections, and maps as a whole to Section 57 BNSS.

Have questions about Section 56 CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·