Section 82: Procedure on arrest of person against whom warrant issued
Section 82 of the Bhartiya Nagarik Suraksha Sanhita, 2023 provides for the steps to be taken after arrest in execution of warrant outside the jurisdiction of the district in which warrant is issued.
It states that once an arrest warrant is executed beyond the district to which it has been issued, certain steps need to be adhered to such that the entire process complies with the set legal norms;
If an arrest is carried out within thirty kilometres of the issuing court, then the arrested party must be presented before the court that issued the warrant for continued trial.
In case of arrest outside thirty kilometers from the issuing court, the person should be produced before the nearest Executive Magistrate, District Superintendent of Police, or Commissioner of Police on giving an undertaking that he will be brought in security provided under Section 73 of the BNSS. This provision is to ensure that even if the arrested person is to be taken before a competent authority because the distance from the issuing court is considerable, such a person must still be
brought before the authority promptly for proper handling.
Requirements of Notice:
-This section requires the arresting officer, upon making an arrest outside of the district of issuance, immediately to notify:
-The designated police officer in the district where the arrest took place.
-The relevant police officer in the district of the arrested person’s normal residence.
-This notice should contain as much information as possible on where the detained person is at that moment, so that both the districts concerned are apprised, and proper follow-up action can be made.
In cases where security is taken under Section 73 of the BNSS, alternative procedures may apply, allowing for greater flexibility in the handling of the arrested individual. This provision ensures that situations involving heightened security or special circumstances are addressed appropriately, in accordance with the law.
