CrPC 76→BNSS 78

CrPC 76 to BNSS 78: Person arrested to be brought before Court without delay

Section 76 CrPC (1973) replaced by Section 78 BNSS (2023)

View CrPC Section 76 →View BNSS Section 78 →

CrPC 76 to BNSS 78 at a Glance

Section 76 CrPC (Person arrested to be brought before Court without delay) is now Section 78 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 76 to BNSS 78?

Section 76 CrPC became Section 78 BNSS from 1 July 2024. Both have the same heading and the same text, with one difference in a cross-reference. Section 78 BNSS refers to Section 73 as to security where Section 76 CrPC referred to Section 71.

CrPC 76 vs BNSS 78: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section7678
HeadingPerson arrested to be brought before Court without delaySame
Cross-referencess.71s.73

CrPC 76 and BNSS 78: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 76, CrPC 1973

76. Person arrested to be brought before Court without delay.—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.
BNSS 2023 (in force)

Section 78, BNSS 2023

78. Person arrested to be brought before Court without delay.—The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 73 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.

When It Applies: CrPC 76 vs BNSS 78

Under CrPC 76
  1. Section 76 CrPC applies to the police officer or other person executing a warrant of arrest.
  2. The person arrested is brought before the Court before which he is required by law to produce such person.
Under BNSS 78
  1. Section 78 BNSS applies to the police officer or other person executing a warrant of arrest.
  2. The person arrested is brought before the Court before which he is required by law to produce such person.

Time Limits: CrPC 76 to BNSS 78

Under CrPC 76
  • The person arrested is brought without unnecessary delay.Act text: “without unnecessary delay”
  • 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.Act text: “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”
Under BNSS 78
  • The person arrested is brought without unnecessary delay.Act text: “without unnecessary delay”
  • 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.Act text: “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”

What CrPC 76 to BNSS 78 Means in Practice

From 1 July 2024, the duty of the police officer or other person executing a warrant of arrest to bring the person arrested before the Court without unnecessary delay is in Section 78 BNSS. The proviso on twenty-four hours, exclusive of the journey time, reads the same as in Section 76 CrPC.

FAQs: CrPC 76 to BNSS 78

Where is Section 76 CrPC found in the BNSS?▼

Section 76 CrPC has no sub-sections, and maps as a whole to Section 78 BNSS from 1 July 2024.

Is the proviso on twenty-four hours different in Section 78 BNSS?▼

No. The proviso in Section 78 BNSS reads the same as in Section 76 CrPC: 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.

Which cross-reference is renumbered in Section 78 BNSS?▼

Section 78 BNSS refers to Section 73 BNSS as to security where Section 76 CrPC referred to Section 71 CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·