BNSS Section 78: Person Arrested To Be Brought Before Court Without Delay
Section 78 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) deals with the execution of a warrant of arrest and mandates the timely production of the arrested person before the court.
Code
“The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 73 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person:
Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.”
Explanation
This section outlines the legal obligation of the arresting officer, who can be a police officer or any other designated individual, to bring the arrested person before the designated court without undue delay. This obligation applies when an arrest warrant is executed.
The section allows for a maximum delay of 24 hours, which excludes the travel time from the arrest location to the court. The section also specifies that the arresting officer must follow the procedures outlined in Section 73 of the BNSS regarding the security of the arrested person.
Illustration
A police officer executes an arrest warrant against an individual for theft. After apprehending the accused, the officer must bring the individual to the Magistrate’s Court without delay. This is to ensure their safety and following security protocols. The arrest occur in a remote location requiring significant travel time. For this, the officer can take up to 24 hours (excluding travel time) to reach the court. However, any delay beyond this 24-hour limit would constitute a violation of Section 78 of the BNSS.
Common Questions and Answers: Person Arrested To Be Brought Before Court Without Delay
Q: What happens if the arresting officer delays the production of the arrested person beyond 24 hours?
A: Such a delay would be a violation of Section 78 of the BNSS. It could potentially lead to legal action against the officer.
Q: Does the 24-hour limit include the time spent in the investigation?
A: No, the 24-hour limit does not include investigation time. The officer must bring the arrested person before the court without delay, irrespective of the investigation progress.
Q: Can the court extend the 24-hour limit in specific situations?
A: While the section specifies a 24-hour limit, the court can potentially extend the time under exceptional circumstances. This includes medical emergencies or complex investigations. However, the court must be convinced of the necessity for such an extension.
