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.
Bharatiya Nagarik Suraksha Sanhita
Section 77
Notification of substance of warrant
Englishहिंदी
🔄 BNS equivalent: IPC Sec. 70⚖️ Bail Procedure Guide🔨 Punishment & Liability Guide🔍 Compare Old vs New
⚡ Quick Answer Reference: Section 77 BNSS
- Provision: Section 77 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL APPEARANCE
- Jurisdiction: India
- Summary: This section requires the police officer or person executing an arrest warrant to inform the person being arrested about the warrant's details and show it if requested.
Statutory Content
What does Section 77 of BNSS say?
Indian StandardSection 77, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 77 (India)
Court Pleading StandardSection 77 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/77
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 77 of BNSS mean?
Plain English Explanation
This section requires the police officer or person executing an arrest warrant to inform the person being arrested about the warrant's details and show it if requested.
Practical Interpretation
In practice, this section ensures transparency and fairness in the arrest process by giving the person being arrested knowledge of the warrant's substance, allowing them to understand the reason for their arrest.
Core Legal Purpose
The core purpose is to protect the rights of the individual being arrested by ensuring they are informed of the reasons for their arrest, promoting accountability and transparency in the execution of arrest warrants.
Key Legal Elements
- •The police officer or other person must be executing a warrant of arrest.
- •The person to be arrested must be notified of the substance of the warrant.
- •The key legal test is whether the person executing the warrant has followed the procedure of notification as required.
- •A key exception could be in situations where immediate action is necessary to prevent harm or escape, but this would need to be justified under specific legal circumstances.
Practical Example
Practical Example of Section 77 BNSS
Rajesh, a suspect in a fraud case, is to be arrested based on a warrant. When the police arrive at his residence, they must inform Rajesh about the substance of the warrant and show it to him if he requests. This process ensures Rajesh knows why he is being arrested, allowing him to prepare a defense or seek legal counsel.
Common Questions (FAQ)
Frequently Asked Questions about Section 77 BNSS
Q: What is the punishment or consequence under Section 77 of BNSS?
The section itself does not specify a punishment but rather outlines a procedure. Non-compliance could lead to legal challenges to the arrest's validity, potentially resulting in the arrest being deemed unlawful.
Q: Does this section apply to private individuals or public entities?
This section primarily applies to public entities, such as police officers, who are executing arrest warrants. Private individuals may be involved in the process but are not the primary subjects of this section.
Q: Is an offence under this section bailable or cognizable?
Since this section is procedural and does not define an offence, it does not specify whether an offence would be bailable or cognizable. These classifications would depend on the underlying offence for which the warrant was issued.
People Also Ask (PAA)
Common Questions about Section 77 BNSS
What is Section 77 of BNSS?
Section 77 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Notification of substance of warrant". In plain terms: This section requires the police officer or person executing an arrest warrant to inform the person being arrested about the warrant's details and show it if requested.
What is the punishment under Section 77 of BNSS?
Section 77 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 77 of BNSS bailable or non-bailable?
Whether Section 77 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 77 of BNSS?
The essential elements of Section 77 of BNSS are: The police officer or other person must be executing a warrant of arrest.; The person to be arrested must be notified of the substance of the warrant.; The key legal test is whether the person executing the warrant has followed the procedure of notification as required..
What is the IPC equivalent of Section 77 of BNS?
Section 77 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 70 of the old Indian Penal Code (IPC). There was no material change in the provision.
Law Transition Mapping
Corresponds to Old Law
Old LawSection 70Code of Criminal Procedure (CrPC)
→This SectionSection 77Bharatiya Nagarik Suraksha Sanhita (BNSS)
✓ No material change in the provision.
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