Section 78 BNSS: Person arrested to be brought before Court without delay
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 78 BNSS at a Glance
Section 78 BNSS deals with person arrested to be brought before Court without delay. It replaced Section 76 CrPC on 1 July 2024.
Section 78 BNSS Bare Act Text
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.
Source: Section 78, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 78 BNSS in Simple Words
Section 78 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the person arrested under a warrant of arrest.
The police officer or other person executing the warrant 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.
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 Section 78 BNSS Applies
- 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 Under Section 78 BNSS
- 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”
Example of Section 78 BNSS
When Section 78 BNSS Does Not Apply
- Section 78 BNSS speaks of a person arrested under a warrant of arrest. It does not deal with a person arrested without a warrant.
- Section 78 BNSS speaks of bringing the person arrested before the Court. It does not deal with the grant of bail.
Section 78 BNSS in the CrPC (Previous Law)
Section 78 BNSS replaces Section 76 CrPC from the old criminal code.
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.
View CrPC Section 76 →FAQs on Section 78 BNSS
What must the person executing a warrant of arrest do under Section 78 BNSS?▼
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.
What is the time limit under Section 78 BNSS?▼
The proviso says 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.
What does Section 78 BNSS say about security?▼
The duty in Section 78 BNSS is subject to the provisions of Section 73 as to security. Section 73 BNSS is headed Power to direct security to be taken.
What changed from Section 76 CrPC to Section 78 BNSS from 1 July 2024?▼
Section 78 BNSS has the same heading and the same text as Section 76 CrPC, with one renumbered cross-reference. Section 78 BNSS refers to Section 73 as to security where Section 76 CrPC referred to Section 71.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·