Bharatiya Nagarik Suraksha Sanhita, 2023
Section 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.
Why this exists
This rule traces back to colonial-era Criminal Procedure Codes designed to prevent the harsh practice of dragging an arrested person across long distances to the court that issued the warrant. By requiring production before a nearby Magistrate or senior police officer, the law ensures quick judicial or administrative oversight of the arrest close to where it happened, while the notification requirement keeps police records connected across districts so the person isn't lost in the system or held incommunicado.
Common misconceptions
- Myth: The arrested person must always be taken directly to the court that issued the warrant, no matter how far away it is.
Fact: The law specifically avoids this — unless the issuing court is very close (within 30 km) or is nearer than the local Magistrate or police chief, the person is first produced before local authorities instead. - Myth: Police have no obligation to inform anyone about where an arrested person is being kept.
Fact: Sub-section (2) requires police to immediately inform both the local designated officer and the police in the person's home district about the arrest and detention location.