CrPC 76 to BNSS 78: Person arrested to be brought before Court without delay
Section 76 CrPC (1973) replaced by Section 78 BNSS (2023)
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
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 76 | 78 |
| Heading | Person arrested to be brought before Court without delay | Same |
| Cross-references | s.71 | s.73 |
CrPC 76 and BNSS 78: Bare Act Text Side by Side
Section 76, CrPC 1973
Section 78, BNSS 2023
When It Applies: CrPC 76 vs BNSS 78
- Section 76 CrPC applies to the police officer or other person executing a warrant of arrest.
- The person arrested is brought before the Court before which he is required by law to produce such person.
- Section 78 BNSS applies to the police officer or other person executing a warrant of arrest.
- 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
- 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”
- 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
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 ·