Section 82 BNSS: Procedure on Arrest of Person Against Whom Warrant Issued
Section 82 of the Bharatiya Nagarik Suraksha Sanhita, 2023 explains the procedure to be followed when a warrant of arrest is executed outside the district in which it was issued. It also introduces an express duty to promptly communicate information about the arrest and the place where the arrested person is being held.
Section 82 BNSS - Bare Act Text
82. Procedure on arrest of person against whom warrant issued.
(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.
Meaning and Scope of Section 82 BNSS
Section 82 governs the next procedural step after a person is arrested on a warrant outside the district in which the warrant was issued. Its purpose is to identify when the arrested person must first be taken before a specified local authority instead of being taken directly to the Court that issued the warrant.
1. Arrest outside the issuing district
The provision applies only where the warrant of arrest is executed outside the district in which it was issued. In the ordinary case, the arrested person must be taken before the Executive Magistrate, District Superintendent of Police or Commissioner of Police having local jurisdiction over the place of arrest.
2. The 30 kilometre and nearer-authority exceptions
Production before the specified local authority is not required under Section 82(1) where the Court issuing the warrant is within thirty kilometres of the place of arrest, or where that Court is nearer than the competent Executive Magistrate, District Superintendent of Police or Commissioner of Police.
3. Security under Section 73
Section 82(1) also makes an exception where security is taken under Section 73 BNSS. The application of that provision depends on the terms of the warrant and the circumstances permitted by law.
4. Immediate information about the arrest
Section 82(2) requires the police officer to give information forthwith regarding the arrest and the place where the arrested person is being held. The information must be given to the designated police officer in the district and also to the appropriate officer of another district where the arrested person normally resides.
Key Points
- Section 82 applies when a warrant of arrest is executed outside the district where it was issued.
- The arrested person is ordinarily taken before the specified local Executive Magistrate or senior police authority.
- The rule is subject to the statutory 30 kilometre and nearer-authority exceptions.
- The rule is also subject to the taking of security under Section 73.
- The police officer must promptly communicate the arrest and the place of detention.
- The information duty extends to the designated officer in the district and the relevant officer in another district where the arrested person normally resides.
Section 82 BNSS and the Earlier CrPC Provision
Section 82 BNSS deals with the subject previously addressed by Section 80 of the Code of Criminal Procedure, 1973. The BNSS provision also expressly requires communication of arrest and detention-location information under sub-section (2). For proceedings governed by the BNSS, the current provision is Section 82.
Frequently Asked Questions
What does Section 82 of the BNSS provide?
It lays down the procedure after a person is arrested on a warrant outside the district where the warrant was issued, including when the person must be taken before a local Executive Magistrate or specified senior police authority.
What is the 30 kilometre rule under Section 82 BNSS?
If the Court that issued the warrant is within thirty kilometres of the place of arrest, the statutory requirement to first take the arrested person before the specified local authority does not apply on that ground.
Does Section 82 require information about the arrest to be communicated?
Yes. Under sub-section (2), the police officer must forthwith communicate information regarding the arrest and the place where the person is being held to the designated officers specified in the provision.
Which provision follows Section 82?
Section 83 BNSS provides the procedure to be followed by the Magistrate or other authority before whom the arrested person is brought.
Official Legal Sources
For the authoritative Act text and current legislative information, refer to the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code. The commencement notification appointing 1 July 2024 as the date on which the relevant BNSS provisions came into force is available from the Ministry of Home Affairs.