One must have always seen or heard that after committing a crime, the accused either goes into hiding or surrenders themselves at the police station. But is it really advisable to do so? Let's find out!

If a person is suspected of having committed a criminal offence, the primary step should not be to surrender—especially not at the police station—according to Vikas Nagwan, a practising supreme court lawyer. Police officers often don't include that the accused has surrendered on their own in the arrest memo.

According to Vikas Nagwan, they (police) usually write that they received an anonymous tip that the accused was trying to flee to avoid being caught, which can negatively harm the bail application of the accused. Police can even fake a statement that they arrested the accused during a shutdown while they were trying to run away.

These statements presented by the police can influence the result of the bail application submitted by the person who has been indicted. In some cases, the accused can be subjected to violence or physical harm while being in the police custody, although any confession made during this time is inadmissible in law according to Section 25 of the Indian Evidence Act, 1872.

What should be done instead?

Vikas Nagwan argues that instead of surrendering before the police, an accused can concede before a magistrate or High Court. After submitting a surrender-cum-bail application, the accused has to be present at the hearing of their case. This can be highly beneficial, as the police can no longer use force or violent action. In case of any injury, a complaint can also be filed. Additionally, surrendering before the court directly states that the person who has been charged did not try to flee or hide. 

An accused who has surrendered before a Magistrate is considered to be in the custody of the magistrate itself according to Section 187(3) in the Bharatiya Nagarik Suraksha Sanhita (BNSS). [Rh/VS]