Section 78: Person arrested to be brought before court without delay
Section 78 of the Bharatiya Nagarik Suraksha Sanhita, 2023 states that the legal framework is created in such a manner that a person who is arrested is brought before a court as soon as possible so that their rights are not violated by unlawful detention. The arrested person has to be produced before a judicial authority within a particular time frame so that the principle of due process is reinforced.
A policeman or any officer effecting the arrest warrant should, without unreasonable delay, deliver the arrested party before the appropriate court. It is an indispensable safeguard against the possibility of arbitrariness, as it immediately subjects the entire arrest process to judicial scrutiny. Prompt appearance before the magistrate or a court is essential for protection from arbitrary exercise by law enforcement agents.
The accused person shall be taken before the competent judicial authority within the shortest time
possible of twenty-four hours from the time of arrest. This time, however does not take into account the time needed to take the arrested person to court. Hence, the period for presenting the accused before the court is within twenty-four hours but this is not including the journey time provided it is reasonable and necessary to take the accused to court.
The computation of the twenty-four-hour period excludes travel time. This is especially relevant if the arrest took place a good distance from the court.
Although Section 78 does not provide for any punitive measures in case of non-compliance with its provisions, failure to present the arrested person within the stipulated twenty-four hours may lead to serious legal consequences.
Delays in presenting the arrested person within the stipulated time may render the arrest illegal, and there may be issues with the admissibility of evidence or the validity of charges filed against the person. Such delays may further be a justification for applying to have the individual released on grounds of unlawful detention.
It corresponds to the fundamental rights of the Constitution of India, which grants a person the right to be brought before a magistrate within twenty-four hours after arrest. The provision is a direct fulfillment of the fundamental rights against arbitrary detention and strengthens the larger framework of legal protection for individuals within the criminal justice system.
