Criminal procedure | Arrest safeguards

Section 58 CrPC: Police to Report Apprehensions - Section 59 BNSS Explained

Section 58 of the Code of Criminal Procedure, 1973 required police station officers to report arrests made without warrants to the District Magistrate or, when directed, the Sub-divisional Magistrate. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 59.

Current law: The BNSS came into force on 1 July 2024, replacing the CrPC for proceedings governed by the new law, subject to applicable savings and transitional provisions. The earlier Section 58 CrPC remains relevant to understanding the previous framework and proceedings to which it continues to apply.

Section 58 CrPC - Text and meaning

Police to report apprehensions.

Officers in charge of police stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise.

Meaning: The officer in charge of a police station must report cases involving persons arrested without a warrant within the station's territorial limits. The report goes to the District Magistrate, unless the District Magistrate directs that it be sent to the Sub-divisional Magistrate. The obligation applies whether the arrested person has been released on bail or remains in custody.

Section 59 BNSS, 2023 - Present statutory provision

Section 59 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled Police to report apprehensions, continues the requirement that officers in charge of police stations report warrantless arrests to the District Magistrate or, where directed, the Sub-divisional Magistrate, regardless of whether the person arrested has been admitted to bail.

The provision is an administrative reporting safeguard. It does not, by itself, authorise an arrest, determine whether bail should be granted, or replace the requirement to produce an arrested person before the competent authority within the period prescribed by law.

Important legal terms

Arrest without warrant

An arrest carried out without a prior judicial arrest warrant where statutory conditions permit the police to arrest. The legal authority and conditions for such arrests must be assessed under the applicable arrest provisions, including Section 35 BNSS (formerly Section 41 CrPC).

Officer in charge of a police station

The police officer responsible for a police station under the relevant statutory definition, including an officer lawfully acting in that capacity where applicable.

District Magistrate and Sub-divisional Magistrate

Executive Magistrates exercising functions assigned under criminal procedure law. Under the reporting provision, the District Magistrate may direct that reports instead be made to the Sub-divisional Magistrate.

Admitted to bail

Released from custody in accordance with applicable bail provisions, subject to any lawful bond or conditions. Release on bail does not eliminate the police station's reporting duty under this section.

How the reporting obligation works

Identify covered arrests: the requirement concerns persons arrested without a warrant within the police station's limits.
Report through the designated channel: the officer in charge reports to the District Magistrate or to the Sub-divisional Magistrate if so directed.
Include cases irrespective of bail: both persons granted bail and persons not granted bail are covered.
Comply with related safeguards: the reporting duty operates alongside rules on arrest records, information to relatives, prompt production and permissible detention.

The provision does not itself prescribe a universal report form or a specific reporting interval; applicable state rules, administrative directions and police manuals may provide operational details.

Related safeguards for an arrested person

Article 22(1) of the Constitution of India protects the right to be informed, as soon as may be, of the grounds of arrest and the right to consult and be defended by a legal practitioner of choice, subject to constitutional exceptions.

Article 22(2) ordinarily requires production before the nearest Magistrate within 24 hours of arrest, excluding necessary journey time, and prohibits detention beyond that period without a Magistrate's authority, subject to constitutional exceptions.

Section 57 BNSS deals with taking a person arrested without a warrant before a Magistrate or the officer in charge of a police station; Section 58 BNSS addresses the limit on detention without a Magistrate's special order. These duties are distinct from the reporting obligation in Section 59 BNSS.

Frequently asked questions

Does Section 58 CrPC apply when an arrested person is released on bail?

Yes. The original provision expressly covers warrantless arrests whether the arrested person has been admitted to bail or otherwise.

Who receives reports of warrantless arrests?

The District Magistrate receives them, or the Sub-divisional Magistrate if the District Magistrate so directs.

What is the corresponding provision under the BNSS?

Section 59 BNSS, 2023 deals with police reporting of apprehensions. Section 58 BNSS instead concerns the 24-hour limit on detention after arrest without warrant.

Does filing a report permit detention beyond 24 hours?

No. The reporting requirement is separate from constitutional and statutory restrictions on detention and the requirement for judicial authorisation where necessary.

Official legal sources

Code of Criminal Procedure, 1973 - India Code (see Section 58).
India Code - official central legislation portal (search for the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 59).
Ministry of Home Affairs - notifications and information concerning new criminal laws.
Constitution of India - Legislative Department (Article 22).

This article provides general legal information and is not a substitute for advice on the facts of an individual case. Updated 16 October 2026.