Section 77 BNSS: Notification of substance of warrant (Formerly Section 75 CrPC)

Section 77 of Bharatiya Nagarik Suraksha Sanhita, 2023: Notification of substance of warrant

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Arrest Sec 35

Legal Commentary & Landmark Judgments: Section 77

Section 77 mandates that the police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant.

Notification of Substance: Mandatory duty to inform the person of the reasons, court, and offence specified in the warrant.
Exhibition of Physical Warrant: If demanded by the arrestee, the executing officer MUST produce and show the physical or digital warrant.
Codification of Article 22(1): Direct procedural implementation of the constitutional right to know the grounds of arrest.

Key Landmark Precedents:

Pankaj Bansal v. Union of India (2023) SCC OnLine SC 1244: The Supreme Court held that communicating the grounds of arrest is a sacred constitutional right under Article 22(1); failure to provide written grounds of arrest vitiates the arrest ab initio.
Prabir Purkayastha v. State (NCT of Delhi) (2024) 8 SCC 361: The Supreme Court held that non-supply of grounds of arrest or non-exhibition of warrant at the time of arrest renders the arrest and subsequent remand completely illegal, directing immediate release.
D.K. Basu v. State of West Bengal (1997) 1 SCC 416: Reaffirmed the mandatory requirement to notify arrest grounds and permit access to legal counsel.

Courtroom Practice & Strategic Litigation Guidance:

Linchpin constitutional right under *Pankaj Bansal* and *Prabir Purkayastha*: The officer must show the warrant and communicate grounds upon arrest. If the officer refused to show the warrant, move immediately for quashing of remand and release under Section 528 BNSS.