SOP Station House Management by Kerala Police

8.25. HEALTH AND SAFETY OF THE ACCUSED PERSON 93
the health and safety of
the accused. Person arrested
to be taken before
Magistrate or Officer-incharge
of Police Station.
(Section: 56 CrPC) A
Police officer making an
arrest without warrant
shall without unnecessary
delay and subject
to the provisions herein
contained as to bail,
send the person arrested
before a Magistrate having
jurisdiction in the
case or before the officer
in charge of a Police station.
2. Person arrested not to
be detained more than
twenty four hours. (Section:
57 CrPC) No Police
officer shall detain
in custody a person arrested
without warrant
for a longer period than
under all the circumstances
of the case is
reasonable, and such period
shall not, in the
absence of a special order
of a Magistrate under
section 167, exceed
twenty-four hours exclusive
of the time necessary
for the journey
from the place of arrest
to the Magistrate’s
Court.
3. Police to report apprehension.
(Section:
58 CrPC) 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.
4. Discharge of person apprehended.
(Section: 59
CrPC) No person who
has been arrested by a
Police officer shall be
discharged except on his
own bond or on bail or
under the special order
of a Magistrate.
5. Powers, on escape, to
pursue and re-take.
(Section: 60 CrPC)
(1) If a person in lawful
custody escapes or
is rescued, the person
from whose custody he
escaped or was rescued,
may immediately pursue
and arrest him in
any place in India.
(2) The provisions of
Section 47 shall apply
to arrests under Sub-
Section (1) although the
person making any such
arrest is not acting under
a warrant and is
not a Police officer having
authority to arrest.
Arrests to be made
strictly accordance to
the code. (Section:
60A CrPC) Arrest to be
made strictly according
to the Code. No arrest
shall be made except
in accordance with the
provisions of this Code
or any other law.
6. Arrest of Central Government
Servant or
State Government Servant
including a Village
Officer(Chapter-
IX, Rule-327, PSO) (2)
(a) Intimation of arrest
should be sent immediately
to his immediate
Superior Officer concerned
if in any case,
prior warning cannot be
given; and
(b) this should be followed
by a more detailed
report of the
offence committed together
with an indication
as to whether the
arrested person is being
released on bail or on
his bond by the Police.
It is also desirable that
whenever it is practicable
to send prior intimation
of the arrest of
such an Officer, such intimation
may be sent to
his immediate Superior
Officer or the Officerin-charge
of the installation
or Department.
This intimation must be
treated as secret.
7. Arrest of Military
Deserters(Chapter-IX,
Rule-327, PSO) (3) (a)
On receipt of desertion
report from the Military
authorities, every
possible effort should
be made to apprehend
the deserters/absentees
without any delay particularly
if they are reported
to be in possession
of arms and ammunition.
But the Police
are not to arrest personnel
who are in possession
of Railway warrants
and leave passes and apparently
on their way to
rejoin their units unless
such leave expired by at
least 10 days.
(b) On apprehension
or voluntary surrender
of a deserter/absentee,
the Officer-in-charge of
the Police Station which