CrPC Section 76 — Person arrested to be brought before Court without delay

Summary

The police officer or other person carrying out an arrest warrant must, subject to section 71’s provisions about security, bring the arrested person without unnecessary delay before the Court where the law requires that person to be produced.

The proviso sets an outside limit: the delay must not exceed 24 hours, excluding the time needed to travel from the place of arrest to the Magistrate’s Court.

Official Text

The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 71 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.

Sections referred to

• CrPC §71 — Power to direct security to be taken

Related Judgments

• THE STATE OF PUNJAB vs AJAIB SINGH AND ANOTHER — Supreme Court of India (1952)
• Ms Uditi Bali, Mr Karmanya Singh; Choudhary; and; Harshit; Jain; Advoc vs STATE (NCT OF DELHI) & ANR — Delhi High Court (2024)
• Mr. Shrikant R.Salvi; ... vs The State of Maharashtra, ..., Mr. Sameer Vaidya a/w Mr. R.D.Siroya,Ad — Bombay High Court (Mumbai Principal Seat) (2016)

Old <-> New Code Mapping

• BNSS §78 — Person arrested to be brought before Court without delay