What Is BNSS Section 82?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 82: Procedure on arrest of person against whom warrant issued

(1) When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the Court which issued the warrant is within thirty kilometers of the place of arrest or is nearer than the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 73, be taken before such Magistrate or District Superintendent or Commissioner.

(2) On the arrest of any person referred to in sub-section (1), the police officer shall forthwith give the information regarding such arrest and the place where the arrested person is being held to the designated police officer in the district and to such officer of another district where the arrested person normally resides.

Brief Detail

Section 82 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure to be followed when a warrant of arrest is executed outside the issuing district. It specifies the requirements for bringing the arrested person before the appropriate authority and the obligation of the police officer to notify relevant officials about the arrest.

Question & Answers

What does Section 82 of the Bharatiya Nagarik Suraksha Sanhita, 2023 state?

It describes the procedure for handling the arrest of a person when a warrant is executed outside the district where it was issued.

What is the distance limit for taking the arrested person to the issuing Court?

The arrested person should be taken to the issuing Court if it is within thirty kilometers of the place of arrest.

Who can the arrested person be taken before if the issuing Court is not nearby?

The arrested person can be taken before the nearest Executive Magistrate, District Superintendent of Police, or Commissioner of Police.

What information must the police officer provide upon arrest?

The police officer must inform the designated police officer in the district and the officer in the arrested person's home district about the arrest and the location where the person is being held.

What provision allows for security to be taken instead of immediate production before a Magistrate?

Security can be taken under section 73, allowing for a different process in certain situations.

Example

- A police officer executes a warrant in District B for a suspect from District A.
- If the issuing Court in District A is more than thirty kilometers away, the officer will take the suspect to the nearest Executive Magistrate or police authority in District B.
- The officer must then inform both the police in District B and the designated officer in District A about the arrest and where the suspect is being held.

Summary

Section 82 of the Bharatiya Nagarik Suraksha Sanhita, 2023, specifies the protocols for executing a warrant of arrest outside its issuing district. It emphasizes the importance of promptly bringing the arrested individual before the appropriate authority and notifying relevant police officials about the arrest.