Through whom is the arrested person produced before the Magistrate?

The PERA Force Laws clearly define the responsibilities and chain of command after an individual has been arrested under its provisions. According to Section 31, once a person is taken into custody by the Enforcement Squad or Enforcement Officer, the Sub Divisional Enforcement Officer (SDEO) oversees the formal registration of the First Information Report (FIR). However, when it comes to producing the arrested person before a Magistrate, the process is conducted through the Investigation Officer.

This procedural requirement ensures that the person handling the investigation — who is directly aware of the facts, evidence, and charges — presents the accused before the judicial authority. It maintains transparency, ensures accurate reporting of circumstances, and allows the Magistrate to make an informed decision on remand or bail based on the investigation’s initial findings.

The Investigation Officer acts as the crucial link between the enforcement mechanism and the judiciary. Their role is to maintain the integrity of the process by presenting not only the arrested person but also the relevant case details before the Magistrate within 24 hours of arrest, as mandated by law. This aligns with the constitutional protection against unlawful detention and upholds the principles of due process.

Moreover, the involvement of the Investigation Officer in producing the accused before the Magistrate helps avoid misuse of authority by ensuring that all arrests are supported by legitimate evidence and documented reports. It reinforces the accountability of the enforcement structure within the PERA framework, ensuring that enforcement and judicial oversight function together harmoniously.

In conclusion, the arrested person is produced before the Magistrate through the Investigation Officer under Section 31 of the PERA Force Laws — a vital step that protects legal rights, promotes transparency, and strengthens procedural justice.