Code: Section 78 BNSS
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 of Section 78 BNSS
Section 78 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, establishes the procedure that law enforcement officers or other authorized individuals must follow when executing an arrest warrant. It ensures that an arrested person is presented before the appropriate Court without unnecessary delay while maintaining legal safeguards.
Key Aspects of Section 78 BNSS
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Timely Production Before the Court – The arrested person must be presented before the designated Court as soon as possible after the arrest.
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Maximum 24-Hour Rule – The delay in presenting the arrested individual must not exceed 24 hours, excluding travel time.
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Reference to Section 73 BNSS – If the Court has allowed the arrested person to furnish security under Section 73 BNSS, those provisions must be followed.
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Legal Protection Against Unlawful Detention – This section prevents police or any other executing authority from unlawfully detaining a person for an extended period without judicial oversight.
Illustration of Section 78 BNSS
Example 1: Arrest and Timely Production Before a Court
A police officer arrests a suspect in Mumbai at 10:00 AM under a valid warrant issued by a Delhi Court. The officer must present the accused before the Court without delay, ensuring the journey time from Mumbai to Delhi is considered.
Example 2: Violation of the 24-Hour Rule
A suspect is arrested in Chennai under a warrant but is kept in police custody for more than 48 hours before being produced before a Magistrate. This violates Section 78 BNSS, and the accused may have grounds to challenge the detention as illegal custody.
Common Questions and Answers on Section 78 BNSS
1. What is the maximum time allowed before presenting an arrested person to the Court?
✅ The arrested individual must be presented within 24 hours, excluding necessary travel time.
2. Can police delay presenting an accused in Court beyond 24 hours?
❌ No, any delay beyond 24 hours (excluding journey time) is illegal and can result in legal action against the police.
3. What happens if an arrested person is not presented within the stipulated time?
✅ If the 24-hour rule is violated, the arrest may be deemed illegal, and the accused can file a habeas corpus petition in a higher Court.
4. Does this provision apply to private individuals executing an arrest warrant?
✅ Yes, if a private person is authorized to execute a warrant, they must also ensure the arrested person is presented before the Court without unnecessary delay.
Conclusion
Section 78 BNSS plays a crucial role in safeguarding individual rights by ensuring that arrested persons are not detained arbitrarily. By enforcing the 24-hour rule, it strengthens the criminal justice system and ensures compliance with constitutional protections against unlawful detention.
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