B.--Warrant of arrestCentral

Section 76 of The Code of Criminal Procedure, 1973

The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 71 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person: Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.

Summary

Arrested persons must be brought to court without any unnecessary delay.
This rule is subject to any instructions about money or bail mentioned in Section 71.
The suspect must be taken to the specific court required by law.

Practical examples

1A suspect is arrested at 10:00 AM on Monday. The police take him to court by 4:00 PM the same day to ensure there is no unnecessary delay.

2An arrest happens in a remote forest at midnight. It takes 5 hours to drive to the court. The 24-hour clock only counts the time outside of those 5 hours of travel.

FAQ

1. Must the police bring an arrested person to court immediately under Section 76 of the 1973 Act?

Yes, Section 76 of The Code of Criminal Procedure, 1973 requires them to do so without unnecessary delay.

Test yourself

Q1.Under Section 76 of The Code of Criminal Procedure, 1973, what is the maximum time allowed to bring an arrested person before a court?

Q2.Section 76 of The Code of Criminal Procedure, 1973 mentions being subject to the rules of section 71. What does this relate to?

Q3.What does "without unnecessary delay" mean in Section 76 of the 1973 Code?

Q4.According to Section 76 of The Code of Criminal Procedure, 1973, where must the arrested person be brought?

75PreviousSection 75 Notification of substance of warrant.77NextSection 77 Where warrant may be executed.

←Section 75 Section 77→