BNSS section 77: Notification Of Substance Of Warrant
Code:
The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant.
Explanation:
This section outlines a crucial procedural aspect of executing an arrest warrant. It states that the person executing the warrant (generally a police officer) must inform the individual being arrested about the nature of the warrant. This includes informing the individual about the charges against them and the reason for their arrest.
Furthermore, if the individual being arrested requests to see the warrant, the person executing the warrant must present it. This ensures transparency and allows the individual to understand the legal basis for their arrest.
Illustration: Notification Of Substance Of Warrant
Imagine a police officer arrives at a person’s residence with a warrant for their arrest. The officer must clearly state the reason for the arrest, mentioning the specific charges against the individual. If the individual asks to see the warrant, the officer must present it for inspection.
Common Questions and Answers:
Q: What if the person being arrested is unable to understand the language of the warrant?
A: In such cases, the police officer must find a suitable interpreter to explain the warrant’s contents to the individual.
Q: Can the police officer arrest someone without showing them the warrant?
A: Generally, no. The law mandates that the warrant be shown if requested. However, in urgent situations, the officer may make the arrest and then show the warrant as soon as possible.
Q: Does this section apply to all arrests?
A: This section specifically applies to arrests made under a warrant. It doesn’t apply to arrests made without a warrant in cases where an arrest is legally permissible without one.
