CrPC Section 35

CrPC Section 35 deals with the authority and procedure for taking a person into custody without a warrant. It specifies who can lawfully detain a person and under what circumstances, ensuring that such actions are legally justified and documented. Understanding this section helps citizens and law enforcement know the limits and powers related to custody.

This section plays a crucial role in criminal procedure by regulating the initial detention of individuals suspected of involvement in a crime. It protects personal liberty by requiring lawful grounds and proper handling during custody, preventing arbitrary or unlawful detention.

CrPC Section 35 – Exact Provision

This section mandates that any person arrested or taken into custody without a warrant must be presented before a Magistrate or authorized officer promptly. The law holds the arresting individual responsible if this procedure is not followed, ensuring protection against illegal detention. It emphasizes prompt judicial oversight after custody.

• Requires prompt presentation before Magistrate after arrest without warrant.

• Holds arresting person accountable for illegal detention.

• Applies to arrests made by police or private persons.

• Prevents unlawful or prolonged detention without judicial oversight.

Explanation of CrPC Section 35

This section simply means if someone is arrested without a warrant, they must be brought quickly before a Magistrate. The person who arrests must ensure this happens to avoid illegal detention.

• The section says arrested persons without warrant must be taken before a Magistrate without delay.

• Affects police officers and private individuals making arrests.

• Triggered when a person is taken into custody without a warrant.

• Requires immediate judicial presentation.

• Prohibits holding a person in custody without Magistrate’s oversight.

Purpose and Rationale of CrPC Section 35

This section exists to protect individual liberty by ensuring that any arrest without a warrant is quickly reviewed by a Magistrate. It balances police powers with citizens’ rights, preventing unlawful detention and abuse of authority.

• Protects arrested persons from illegal detention.

• Ensures judicial oversight of custody.

• Balances police authority and citizen rights.

• Prevents misuse of arrest powers.

When CrPC Section 35 Applies

Section 35 applies whenever a person is taken into custody without a warrant, whether by police or a private person. The arrested individual must be presented before a Magistrate promptly to comply with legal requirements.

• Applies to arrests without a warrant.

• Authority lies with arresting police or private person.

• Involves Magistrate or authorized officer for cognizance.

• Requires immediate presentation to Magistrate.

• No exceptions for delay in presentation.

Cognizance under CrPC Section 35

Cognizance is taken by the Magistrate when the arrested person is presented before them. The Magistrate then decides on further custody, bail, or release. The arresting person must ensure timely presentation to avoid illegal detention claims.

• Arresting person must present arrested individual before Magistrate.

• Magistrate takes cognizance and orders custody or bail.

• Failure to present leads to liability for illegal detention.

Bailability under CrPC Section 35

Section 35 itself does not specify bailability but relates to custody procedures. Bailability depends on the nature of the offence under which the person is arrested. The Magistrate decides bail after taking cognizance.

• Bail depends on offence type, not this section directly.

• Magistrate has discretion to grant bail post-cognizance.

• Section ensures timely judicial access to consider bail.

Triable By (Court Jurisdiction for CrPC Section 35)

Cases involving arrests under this section are triable by Magistrates who have jurisdiction over the offence. The Magistrate handles initial custody decisions and trial jurisdiction depends on the offence.

• Initial proceedings before Magistrate.

• Trial court depends on offence severity.

• Magistrate supervises custody and bail.

Appeal and Revision Path under CrPC Section 35

Decisions made by the Magistrate regarding custody or bail after arrest can be appealed to higher courts. Revision petitions may be filed if there is an error in procedure or illegal detention claims.

• Appeal lies to Sessions Court or High Court.

• Revision petitions can challenge illegal detention.

• Timelines depend on specific orders passed.

Example of CrPC Section 35 in Practical Use

Person X is arrested by a police officer without a warrant on suspicion of theft. The officer promptly takes X to the Magistrate within hours. The Magistrate reviews the arrest, decides on custody, and orders bail. This ensures X’s detention is lawful and prevents illegal custody.

• The section ensured lawful custody and judicial oversight.

• Key takeaway: prompt Magistrate presentation protects rights.

Historical Relevance of CrPC Section 35

This section has evolved to reinforce protections against unlawful detention, reflecting India’s commitment to personal liberty. Amendments have clarified timelines and responsibilities of arresting persons to prevent misuse.

• Originally framed to prevent arbitrary arrests.

• Amended to emphasize prompt Magistrate presentation.

• Strengthened accountability of arresting persons.

Modern Relevance of CrPC Section 35

In 2026, Section 35 remains vital for safeguarding human rights during arrests. It ensures police accountability and judicial supervision, especially with increased awareness of unlawful detention and custodial abuses.

• Supports transparent arrest procedures.

• Prevents custodial abuse and illegal detention.

• Aligns with modern human rights standards.

Related Sections to CrPC Section 35

• Section 41 – Arrest without warrant conditions

• Section 46 – How arrest is to be made

• Section 57 – Person arrested to be produced before Magistrate

• Section 167 – Procedure when investigation cannot be completed in 24 hours

• Section 50 – Information to arrested person of grounds of arrest

Case References under CrPC Section 35

1. Joginder Kumar v. State of UP (1994, AIR 1349)

   – Arrest without warrant requires reasonable grounds and prompt Magistrate presentation to avoid illegal detention.

2. DK Basu v. State of West Bengal (1997, AIR 610)

   – Guidelines on arrest and custody to prevent abuse, emphasizing Section 35’s role in judicial oversight.

3. State of Haryana v. Bhajan Lal (1992, AIR 604)

   – Illegal detention without Magistrate presentation violates Section 35 and fundamental rights.

Key Facts Summary for CrPC Section 35

• Section:

  35

• Title:

  Taking Person into Custody

• Nature:

  Procedural

• Applies To:

  Police, private persons, arrested individual

• Cognizance:

  Taken by Magistrate upon presentation

• Bailability:

  Depends on offence, Magistrate discretion

• Triable By:

  Magistrate

Conclusion on CrPC Section 35

CrPC Section 35 is a fundamental safeguard in the criminal justice system. It ensures that any person arrested without a warrant is promptly brought before a Magistrate, protecting against illegal detention and abuse of power. This provision upholds the rule of law and individual liberty.

By mandating judicial oversight immediately after arrest, Section 35 balances the need for effective law enforcement with citizens’ constitutional rights. Understanding this section empowers individuals and authorities to respect legal procedures and maintain justice.

FAQs on CrPC Section 35

What does CrPC Section 35 require after an arrest without a warrant?

It requires that the arrested person be taken before a Magistrate without unnecessary delay. This ensures judicial oversight and prevents illegal detention.

Who can arrest a person under Section 35?

Both police officers and private persons can arrest someone without a warrant, but they must follow the procedure of promptly presenting the person before a Magistrate.

What happens if the arrested person is not taken to a Magistrate?

The person who made the arrest can be held responsible for illegal detention, and the arrest may be declared unlawful.

Does Section 35 decide if bail is granted?

No, Section 35 does not decide bail. The Magistrate considers bail after taking cognizance of the arrest and offence.

Why is prompt presentation before a Magistrate important?

It protects the arrested person’s rights by ensuring that detention is lawful and subject to judicial review, preventing abuse of power.