CrPC Section 73

CrPC Section 73 mandates that any person arrested by the police must be produced before a magistrate without unnecessary delay, and in any case within 24 hours of arrest. This provision safeguards the arrested individual's rights by ensuring judicial oversight early in the detention process. Understanding this section is crucial for both law enforcement and citizens to prevent unlawful detention and uphold legal procedures.

The section plays a key procedural role in the criminal justice system by setting a clear timeline for police to present arrested persons before a magistrate. It helps maintain the balance between effective law enforcement and protection of individual liberty, making it essential knowledge for anyone involved in criminal law or policing.

CrPC Section 73 – Exact Provision

This section requires that any arrested person must be brought before the appropriate magistrate within 24 hours, excluding travel time. The magistrate has the authority to examine the legality of the arrest and decide on further custody or release. It ensures that detention does not continue without judicial scrutiny, protecting against arbitrary or prolonged police custody.

• Arrested persons must be produced before a magistrate within 24 hours.

• Time for travel is excluded from the 24-hour limit.

• The magistrate must have jurisdiction over the area of arrest or be empowered to act.

• Ensures judicial oversight of police custody.

• Prevents unlawful detention beyond the stipulated time.

Explanation of CrPC Section 73

This section means that when someone is arrested, the police must take them to a magistrate quickly—within one day. The magistrate then checks if the arrest was proper and decides what happens next.

• The section states the arrested person must be presented before a magistrate within 24 hours.

• It affects the police, the arrested individual, and the magistrate.

• The key condition is the arrest and detention at a police station.

• Police are required to produce the arrested person before the magistrate promptly.

• Police cannot keep the person in custody beyond 24 hours without magistrate approval.

Purpose and Rationale of CrPC Section 73

The purpose of Section 73 is to protect individual liberty by ensuring that no person is detained without judicial oversight for more than 24 hours. It prevents misuse of police power and arbitrary detention, promoting transparency and accountability in the criminal justice process.

• Protects the rights of arrested persons against unlawful detention.

• Ensures timely judicial review of police custody.

• Balances police powers with citizen rights.

• Avoids abuse or misuse of detention by requiring magistrate supervision.

When CrPC Section 73 Applies

This section applies whenever a person is arrested and detained in a police station. It mandates the police to produce the arrested individual before a magistrate within 24 hours, excluding travel time, to ensure lawful custody.

• Applies to all arrests resulting in police custody.

• Police officers have the authority to arrest but must produce the person before a magistrate.

• Magistrates with jurisdiction over the arrest location or empowered magistrates are involved.

• Time limit: 24 hours excluding travel time.

• Exceptions may include situations of remand or special judicial orders.

Cognizance under CrPC Section 73

Cognizance is taken when the arrested person is produced before the magistrate within the stipulated time. The magistrate examines the legality of the arrest and detention, and decides whether to grant bail, remand the accused to police or judicial custody, or release them.

• Police must produce the arrested person before the magistrate within 24 hours.

• The magistrate reviews the circumstances and legality of the arrest.

• Magistrate orders remand, bail, or release based on the case.

Bailability under CrPC Section 73

Section 73 itself does not specify bailability but ensures the arrested person is brought before a magistrate who then decides on bail based on the nature of the offence. The magistrate considers whether the offence is bailable or non-bailable and the circumstances before granting bail.

• Bail decisions are made by the magistrate after production under Section 73.

• Bail may be granted if the offence is bailable or under appropriate conditions.

• Non-bailable offences require magistrate discretion and may involve remand.

Triable By (Court Jurisdiction for CrPC Section 73)

The magistrate before whom the arrested person is produced under Section 73 is typically the Magistrate of the local jurisdiction where the arrest occurred. This magistrate has the authority to take cognizance and conduct preliminary proceedings.

• Local Magistrate with jurisdiction over the arrest area.

• Magistrate empowered to exercise jurisdiction if local magistrate unavailable.

• Trial courts handle further proceedings after initial cognizance.

Appeal and Revision Path under CrPC Section 73

Decisions made by the magistrate regarding custody, bail, or remand under Section 73 can be appealed or revised in higher courts. The arrested person or police may approach Sessions Court or High Court depending on the nature of the order.

• Appeal to Sessions Court against magistrate orders.

• Revision petitions can be filed in High Court.

• Timelines depend on the specific order and court rules.

Example of CrPC Section 73 in Practical Use

Person X is arrested by police for alleged theft in Mumbai. The police detain X at the local police station. Within 24 hours, they produce X before the Magistrate of Mumbai. The magistrate examines the arrest's legality and decides to grant bail due to the minor nature of the offence. This ensures X’s rights are protected and prevents unlawful detention.

• Section 73 ensured timely judicial oversight of X’s arrest.

• Key takeaway: Protects against prolonged police custody without magistrate review.

Historical Relevance of CrPC Section 73

Section 73 has evolved to reinforce the principle of prompt judicial oversight of arrests, a safeguard against colonial-era abuses. Amendments have clarified timelines and magistrate jurisdiction to strengthen detainee rights and procedural fairness.

• Originally aimed at preventing arbitrary detention during British rule.

• Amendments refined the 24-hour rule and travel time exclusions.

• Expanded magistrate powers to review custody legality.

Modern Relevance of CrPC Section 73

In 2026, Section 73 remains vital in protecting arrested persons’ rights amid increasing concerns about custodial abuse. It ensures police accountability and judicial supervision, supporting fair criminal procedures and human rights compliance.

• Prevents unlawful detention and custodial abuse.

• Supports transparent police procedures and accountability.

• Ensures timely judicial intervention in arrests.

Related Sections to CrPC Section 73

• Section 41 – Arrest without warrant conditions

• Section 57 – Detention without producing before magistrate

• Section 167 – Remand and custody duration

• Section 436 – Bail provisions

• Section 46 – Arrest procedures

Case References under CrPC Section 73

1. Joginder Kumar v. State of UP (1994, 4 SCC 260)

   – Arrested persons must be produced before magistrate within 24 hours to prevent illegal detention.

2. DK Basu v. State of West Bengal (1997, 1 SCC 416)

   – Guidelines for arrest and detention to protect detainee rights including timely magistrate production.

3. Hussainara Khatoon v. State of Bihar (1979, AIR 1369)

   – Emphasized speedy production before magistrate to avoid unlawful detention.

Key Facts Summary for CrPC Section 73

• Section:

  73

• Title:

  Forwarding Arrested Persons

• Nature:

  Procedural

• Applies To:

  Police, Magistrate, Accused

• Cognizance:

  Arrested person produced before magistrate within 24 hours

• Bailability:

  Determined by magistrate post-production

• Triable By:

  Magistrate

Conclusion on CrPC Section 73

CrPC Section 73 is a fundamental safeguard in the criminal justice system that ensures arrested individuals are not held in police custody indefinitely without judicial oversight. By mandating production before a magistrate within 24 hours, it protects personal liberty and upholds the rule of law.

This section balances effective law enforcement with human rights, preventing misuse of police power. Awareness of Section 73 empowers citizens to demand lawful treatment and helps police maintain transparency and accountability in arrest procedures.

FAQs on CrPC Section 73

What is the time limit for producing an arrested person before a magistrate under Section 73?

The arrested person must be produced before a magistrate within 24 hours of arrest, excluding the time taken to travel from the place of arrest to the magistrate's court.

Who has the authority to receive the arrested person under Section 73?

The magistrate empowered to take cognizance of the offence within whose local jurisdiction the arrest took place, or another magistrate empowered to exercise such powers, has the authority.

What happens if the police fail to produce the arrested person within 24 hours?

Failure to produce the arrested person within 24 hours is illegal and can lead to the arrest being declared unlawful, possibly resulting in bail or release and disciplinary action against police.

Does Section 73 decide if the offence is bailable?

No, Section 73 mandates production before a magistrate; the magistrate then decides on bail based on the offence and circumstances.

Is travel time included in the 24-hour limit under Section 73?

No, the time necessary for the journey from the place of arrest to the magistrate's court is excluded from the 24-hour period.