BNSS Section 82: Procedure On Arrest Of Person Against Whom Warrant Issued
Code:
The exact code for the BNSS section replacing CRPC Section 82 is not available as the BNSS (Bharatiya Nagarik Suraksha Sanhita) is yet to be enacted.
Nevertheless, this section explains the procedure on arrest of person against whom warrant issued.
Explanation:
Procedure On Arrest Of Person Against Whom Warrant Issued
CRPC Section 82 deals with the procedure for taking an arrested person before a magistrate when the warrant of arrest is executed outside the district where it was issued. The BNSS is expected to replace this section with a similar provision, though the exact wording might differ.
Illustration: Procedure On Arrest Of Person Against Whom Warrant Issued
Suppose a warrant of arrest is issued by a court in Delhi for a person residing in Mumbai. The police in Mumbai execute the warrant. As per CRPC Section 82, the arrested person should be taken before a magistrate or police officer in Mumbai, unless the Delhi court is closer or security is taken. The BNSS will likely contain a similar provision.
Common Questions and Answers: Procedure On Arrest Of Person Against Whom Warrant Issued
- Q: What happens if the arrested person is not taken before the magistrate as per the law?
A: The arrest may be deemed illegal, and the person may be entitled to compensation. - Q: What are the options available for the arrested person in this scenario?
A: The person can approach the court to challenge the legality of their arrest. - Q: How will the BNSS section differ from CRPC Section 82?
A: The BNSS may introduce modifications to the procedure, but the core principle of ensuring a timely appearance before a magistrate will likely remain the same.
To conclude, this section outlines the process of arrest made of persons against whom it is issued outside of issuing districts. This section includes complex but detailed procedures to be adhered for a smooth follow up.
