Section 82 BNSS: Procedure on arrest of person against whom warrant issued (Formerly Section 80 CrPC)

Section 82 of Bharatiya Nagarik Suraksha Sanhita, 2023: Procedure on arrest of person against whom warrant issued

Official Bare Act Text

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

(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.

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

Inquiry Sec 2(1)(g)

Legal Commentary & Landmark Judgments: Section 82

Section 82 prescribes the procedure on arrest of a person against whom a warrant of arrest has been executed outside the district in which it was issued, mandating production before the local Magistrate or police chief.

Arrest Outside Issuing District: Person arrested in a foreign district more than thirty kilometres from the issuing court.
Mandatory Local Production: Must be taken before the Executive Magistrate or District SP or Commissioner of Police of the local area where arrest was made.
Proximity Exception: May be taken directly to the issuing court only if the issuing court is nearer than the local authorities, or is within thirty kilometres.

Key Landmark Precedents:

Raghuvansh Dewanchand Bhasin v. State of Maharashtra (2012) 9 SCC 791: The Supreme Court held that taking an arrestee directly across state borders without producing them before the local magistrate violates statutory safeguards and personal liberty.
S.L. Goswami v. State of M.P. (1972) 3 SCC 415: Affirmed that production before the local magistrate provides the arrestee immediate opportunity to seek bail if the offence is bailable or endorsed on the warrant.

Courtroom Practice & Strategic Litigation Guidance:

If police arrest a person in Mumbai on a Delhi warrant and put them on a train to Delhi without producing them before a Mumbai Magistrate, the transit is illegal under Section 82. File an urgent habeas corpus petition.