B.--Warrant of arrestCentral

Section 80 of The Code of Criminal Procedure, 1973

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 71, be taken before such Magistrate or District Superintendent or Commissioner.

Summary

This section describes what happens right after someone is arrested in a district different from where the warrant originated.
The arrested person must generally be taken to a local Executive Magistrate or a high ranking police official.
There is an exception if the Court that issued the warrant is within thirty kilometres of the arrest spot.
Another exception is if the issuing Court is actually closer than the local Executive Magistrate or police chief.
If the warrant allows for security to be taken for release, the person does not have to go before the local official.

Practical examples

1Police arrest David in Gurgaon on a warrant from a Delhi Court. Since the Delhi Court is only 15 kilometres away, they take David directly to that Court instead of a Gurgaon Magistrate.

2Meena is arrested in a city 500 kilometres away from the issuing Court. The police take her to the local District Superintendent of Police as required because the issuing Court is too far.

FAQ

1. Who is a person taken before after arrest in another district under Code of Criminal Procedure Section 80?

Under Section 80 of the Code of Criminal Procedure, 1973, they are taken to an Executive Magistrate, District Superintendent, or Commissioner of Police in that area.

2. What is the distance rule for warrants under Section 80 of the 1973 Act?

Under Section 80 of the 1973 Act, the person is taken directly to the issuing Court if it is within thirty kilometres of the place of arrest.

3. When can police skip the local Magistrate after an out of district arrest under Section 80 of the Criminal Procedure Code?

Under Section 80 of the Criminal Procedure Code, this is skipped if the issuing Court is closer than the local officials or if security was taken under Section 71.

Test yourself

Q1.Under Section 80 of the Code of Criminal Procedure, 1973, if the issuing Court is within what distance of the arrest, can the person be taken there directly?

Q2.According to Section 80 of the 1973 Code, which official is NOT listed as someone an out-of-district arrestee can be brought before?

Q3.Under Section 80 of the Code of Criminal Procedure, 1973, what happens if security is taken under Section 71?

Q4.If a person is arrested in a different district, what is the default rule under Section 80 of the 1973 Act?

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