Section 57 of the Criminal Procedure Code (CrPC) 1898 is specifically applicable to non-cognizable offences. Non-cognizable offences are less serious crimes for which a police officer cannot register a case or investigate without the permission of a Magistrate. These typically... Read More
Section 57 of the Criminal Procedure Code (CrPC) 1898 is specifically applicable to non-cognizable offences. Non-cognizable offences are less serious crimes for which a police officer cannot register a case or investigate without the permission of a Magistrate. These typically include minor offences where immediate arrest or police intervention is not automatically permitted unless the individual refuses to comply with lawful directions.
Under Section 57, if a person involved in a non-cognizable offence refuses to provide their name or residence, the officer has the legal authority to arrest them. This ensures that even for minor offences, individuals cannot evade legal accountability, and the law can proceed efficiently.
The provision is designed to maintain lawful identification and public accountability. While the offence itself may not be serious, refusal to identify oneself can obstruct legal processes and delay justice. Once arrested, the person must be produced before a Magistrate, where the officer explains the circumstances of the refusal, ensuring the arrest is lawful and justified.
This mechanism balances the need for law enforcement with protection of the rights of individuals accused of minor offences, ensuring orderly and transparent handling of cases in which cooperation is required.
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