Question
Consider the following statements regarding the person
arrested to be brought before Magistrate under Section 57 of the Bharatiya Nagarik Suraksha Sanhita, 2023: Statement 1: An arrested person must be brought before a Magistrate within 24 hours of arrest, except in remote areas. Statement 2: If the arrested person cannot be brought before a Magistrate within 24 hours due to unavoidable circumstances, the police can extend detention without authorization. Statement 3: The Magistrate before whom the arrested person is brought must inform the person of their right to bail. Statement 4: The arrested person must be brought before the Magistrate in all cases, including minor traffic violations. Which statements are correct?Solution
Section 57 of BNSS, 2023 states: "Every person who is arrested shall, subject to the provisions of section 58, be produced before the nearest Magistrate within a period of twenty-four hours of such arrest". Statement 1 is correct. Statement 3 is correct—the Magistrate is required to inform of bail rights. Statement 2 is incorrect because Section 58 provides that detention cannot exceed 24 hours without Magistrate authorization; extension requires compliance with Section 187. Statement 4 is incorrect because for minor offences (traffic violations), alternative procedures exist; not all arrests require Magistrate production. Statements 1 and 3 are correct.
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