(1) When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the Court which issued the warrant is within thirty kilometres of the place of arrest or is nearer than the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 73, be taken before such Magistrate or District Superintendent or Commissioner. (2) On the arrest of any person referred to in sub-section (1), the police officer shall forthwith give the information regarding such arrest and the place where the arrested person is being held to the designated police officer in the district and to such officer of another district where the arrested person normally resides.
Bharatiya Nagarik Suraksha Sanhita
Section 82
Procedure on arrest of person against whom warrant issued
⚡ Quick Answer Reference: Section 82 BNSS
- Provision: Section 82 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL APPEARANCE
- Jurisdiction: India
- Summary: When a warrant of arrest is executed outside the issuing district, the arrested person must be taken before a specific magistrate or police officer, unless certain conditions are met.
What does Section 82 of BNSS say?
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What does Section 82 of BNSS mean?
Plain English Explanation
When a warrant of arrest is executed outside the issuing district, the arrested person must be taken before a specific magistrate or police officer, unless certain conditions are met.
Practical Interpretation
In practice, this section ensures that an arrested person is produced before the appropriate authority in a timely manner, respecting jurisdictional boundaries and ensuring due process.
Core Legal Purpose
The core purpose is to establish a clear procedure for handling arrests made under a warrant issued in a different district, balancing convenience with the need for oversight by the appropriate judicial or executive authority.
- •A warrant of arrest must have been issued and executed outside the district of issuance.
- •The person arrested must be taken before a magistrate or police officer with jurisdiction, unless the issuing court is nearby or security is taken under section 73.
- •The key legal test is whether the arrest was made within thirty kilometres of the issuing court or nearer to the executive magistrate, district superintendent, or commissioner of police.
- •A key exception is when security is taken under section 73, which may allow for different handling of the arrested person.
Practical Example of Section 82 BNSS
Rajesh, a resident of Mumbai, has a warrant issued against him in Delhi. If Rajesh is arrested in Pune, he will be taken before the Executive Magistrate or District Superintendent of Police in Pune, unless the Delhi court that issued the warrant is within thirty kilometres of Pune or security is taken under section 73. The Pune police will also inform the designated police officer in Mumbai, where Rajesh resides, about the arrest and where he is being held.
Frequently Asked Questions about Section 82 BNSS
Q: What is the punishment or consequence under Section 82 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to the procedure for handling arrests made by law enforcement authorities, and thus is relevant to public entities and individuals who are subject to such arrests.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence but rather outlines a procedural requirement for arrests made under a warrant, so it does not have a classification as bailable or cognizable.
Common Questions about Section 82 BNSS
What is Section 82 of BNSS?
Section 82 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure on arrest of person against whom warrant issued". In plain terms: When a warrant of arrest is executed outside the issuing district, the arrested person must be taken before a specific magistrate or police officer, unless certain conditions are met.
What is the punishment under Section 82 of BNSS?
Section 82 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 82 of BNSS bailable or non-bailable?
Whether Section 82 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 82 of BNSS?
The essential elements of Section 82 of BNSS are: A warrant of arrest must have been issued and executed outside the district of issuance.; The person arrested must be taken before a magistrate or police officer with jurisdiction, unless the issuing court is nearby or security is taken under section 73.; The key legal test is whether the arrest was made within thirty kilometres of the issuing court or nearer to the executive magistrate, district superintendent, or commissioner of police..
Landmark Judgments under Section 82 BNSS
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