Section 82 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Procedure On Arrest Of Person Against Whom Warrant Issued.

Code: Section 82 BNSS

Execution of Warrant Outside the Issuing District

(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.

Explanation of Section 82 BNSS

Section 82 BNSS governs the procedure when a warrant of arrest is executed outside the district in which it was originally issued. This provision ensures proper legal oversight and coordination between different law enforcement jurisdictions when handling arrested individuals.

Key Provisions of Section 82 BNSS

1. Presentation Before a Local Magistrate or Police Authority

   • If a person is arrested outside the issuing district, they must be brought before:
     • The Executive Magistrate,
     • The District Superintendent of Police, or
     • The Commissioner of Police
     • Exception: If the issuing Court is within 30 kilometers of the arrest location, the arrested person may be taken directly to that Court.

2. Exception for Security Taken Under Section 73 BNSS

   • If the accused furnishes security under Section 73 BNSS, they may be released on bail instead of being presented before an authority.

3. Mandatory Notification of Arrest

   • The police officer executing the arrest must inform:
     • The designated police officer in the district of arrest.
     • The police officer of the district where the arrested person resides.
   • This ensures transparency and coordination between jurisdictions.

This provision prevents unlawful detentions, ensures accountability, and protects the rights of the arrested person by involving local authorities.

Illustration

Example 1: Arrest in a Different District with Court Nearby

A Delhi Court issues a warrant against a person residing in Gurugram (Haryana). Since Delhi is within 30 kilometers of Gurugram, the arrested person is taken directly to the issuing Court in Delhi instead of a local magistrate.

Example 2: Arrest in a Different District with a Distant Issuing Court

A Mumbai Court issues a warrant against an accused who is later arrested in Nagpur (over 700 kilometers away). Since the Mumbai Court is far, the police present the accused before a Nagpur Magistrate for further legal processing.

Example 3: Security Taken Under Section 73 BNSS

An accused arrested in Kolkata under a warrant from a Lucknow Court furnishes security under Section 73 BNSS and is released on bail, avoiding immediate transfer to Lucknow.

Common Questions and Answers on Section 82 BNSS

1. What happens if an arrest is made outside the issuing district?

• The arrested person is brought before a local Magistrate, District Superintendent, or Commissioner of Police unless the issuing Court is within 30 kilometers of the arrest location.

2. When can an arrested person avoid being taken to a magistrate?

• If they provide security as per Section 73 BNSS, they may be released on bail instead of being transported immediately.

3. Why must the police inform local and resident district officers?

• To ensure transparency and coordination between different jurisdictions, preventing illegal detentions or misuse of power.

4. Can the police take the arrested person directly to the issuing Court?

• Yes, but only if the issuing Court is within 30 kilometers of the arrest location. Otherwise, the person must first be presented before a local authority.

5. Can an accused challenge an arrest made outside the issuing district?

• Yes. If the police fail to follow the procedures under Section 82 BNSS, the accused can challenge the arrest in Court for procedural violations.

Conclusion

Section 82 BNSS ensures a structured legal process when executing warrants outside the issuing district, preventing unlawful detention and misuse of authority. It establishes:
Legal oversight by local authorities
Clear guidelines for transporting the accused
Mandatory notification to relevant jurisdictions

This section maintains efficiency in law enforcement while protecting the rights of the arrested person.

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