Bharatiya Nagarik Suraksha Sanhita

Section 78

Person arrested to be brought before Court without delay

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⚡ Quick Answer Reference: Section 78 BNSS

Provision: Section 78 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: PROCESSES TO COMPEL APPEARANCE
Jurisdiction: India
Summary: The police must bring someone arrested under a warrant to court without delay. The delay should not be more than 24 hours, excluding the time it takes to travel from the arrest location to the court.

Statutory Content

What does Section 78 of BNSS say?

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.

Indian StandardSection 78, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 78 (India)

Court Pleading StandardSection 78 of the Bharatiya Nagarik Suraksha Sanhita

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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 78 of BNSS mean?

Plain English Explanation

The police must bring someone arrested under a warrant to court without delay. The delay should not be more than 24 hours, excluding the time it takes to travel from the arrest location to the court.

Practical Interpretation

In practice, this means that the police must take the arrested person to court as soon as possible, ideally within 24 hours. This is to ensure that the arrested person is brought before the court in a timely manner, without unnecessary delay.

Core Legal Purpose

The core purpose of this section is to ensure that arrested individuals are brought before the court in a timely manner, without unnecessary delay. This is to uphold the principles of justice and ensure that the arrested person is given a fair hearing.

Key Legal Elements

•The police officer or other person executing a warrant of arrest must bring the person arrested before the court.
•The delay in bringing the person arrested before the court should not exceed 24 hours, excluding the time necessary for the journey.
•The court before which the person arrested is required to be produced.
•The provision of section 73 as to security is subject to this section.

Practical Example

Practical Example of Section 78 BNSS

Rajesh, a police officer, arrests Priya under a warrant for a minor offense. Rajesh must bring Priya before the Magistrate's Court without unnecessary delay. However, the court is located in a different district, and it takes 8 hours to travel there. Rajesh must ensure that Priya is brought before the court within 24 hours, excluding the travel time. If Rajesh fails to do so, he may be held accountable for the delay.

Common Questions (FAQ)

Frequently Asked Questions about Section 78 BNSS

Q: What is the punishment or consequence under Section 78 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment. It outlines the requirements for bringing an arrested person before the court in a timely manner.

Q: Does this section apply to private individuals or public entities?

This section applies to police officers and other individuals executing a warrant of arrest, which are public entities.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not classify the offense as bailable or cognizable. It outlines the requirements for bringing an arrested person before the court in a timely manner.

Common Questions about Section 78 BNSS

What is Section 78 of BNSS?

Section 78 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Person arrested to be brought before Court without delay". In plain terms: The police must bring someone arrested under a warrant to court without delay. The delay should not be more than 24 hours, excluding the time it takes to travel from the arrest location to the court.

What is the punishment under Section 78 of BNSS?

Section 78 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 78 of BNSS bailable or non-bailable?

Whether Section 78 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 78 of BNSS?

The essential elements of Section 78 of BNSS are: The police officer or other person executing a warrant of arrest must bring the person arrested before the court.; The delay in bringing the person arrested before the court should not exceed 24 hours, excluding the time necessary for the journey.; The court before which the person arrested is required to be produced..

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