Section 59: Police to report apprehension
Section 59 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides a statutory requirement for reporting arrests without warrant. It is aimed at ensuring transparency, accountability, and judicial oversight in police activities, which would ensure that arrests are conducted in accordance with legal standards and that the rights of individuals are protected.
The section further mandates that every arrest made without a warrant by the officer in charge of the police station is to be reported to the District Magistrate. Even if so ordered by the District Magistrate, the reports will also be submitted to the Sub-divisional Magistrate in such cases. This provision, therefore, notifies the higher authorities of all arrests made under no judicial warrants.
The duty to report extends to all arrests made within the jurisdiction of the respective police station, irrespective of whether the arrested individuals have been granted bail or not. This reporting is intended to cover all types of arrests, ensuring comprehensive documentation of law enforcement
actions.
The general purpose of this section is to ensure that all arrests are subjected to proper scrutiny and review by the judicial authorities. In this regard, Section 59 requires that all arrests be reported formally to prevent the abuse of power and ensure that arrests are made only when justified under the law, thereby protecting individual rights from arbitrary detention.
There is involvement of the District Magistrate and the Sub-divisional Magistrate to look at reports of arrests that were made by the police, hence ensuring judicial oversight in police action. This can also be considered a safeguard against any arbitrary or unjustified arrest because every case may need further verification about its genuineness.
