Section 82 BNSS: Procedure on arrest of person against whom warrant issued

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 82 BNSS at a Glance

Section 82 BNSS deals with procedure on arrest of person against whom warrant issued. It replaced Section 80 CrPC on 1 July 2024.

Was CrPC

Section 80 →

Section 82 BNSS Bare Act Text

(1) 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 73, be taken before such Magistrate or District Superintendent or Commissioner.

(2) On the arrest of any person referred to in sub-section (1), the police officer shall forthwith give the information regarding such arrest and the place where the arrested person is being held to the designated police officer in the district and to such officer of another district where the arrested person normally resides.

Source: Section 82, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 82 BNSS in Simple Words

Section 82 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the procedure on arrest of a person against whom a warrant is issued.

Under Section 82(1) BNSS, when a warrant of arrest is executed outside the district in which it was issued, the person arrested shall be taken before the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, unless the Court which issued the warrant is within thirty kilometres of the place of arrest or is nearer than that Executive Magistrate or District Superintendent of Police or Commissioner of Police, or unless security is taken under Section 73 BNSS.

Under Section 82(2) BNSS, on the arrest of any person referred to in Section 82(1) BNSS, the police officer shall forthwith give the information regarding such arrest and the place where the arrested person is being held to the designated police officer in the district and to such officer of another district where the arrested person normally resides.

When Section 82 BNSS Applies

  • Section 82(1) BNSS speaks of a warrant of arrest executed outside the district in which it was issued.
  • Under Section 82(1) BNSS, the person arrested shall be taken before the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made.
  • Under Section 82(1) BNSS, the person arrested shall be taken before that Executive Magistrate or District Superintendent of Police or Commissioner of Police unless the Court which issued the warrant is within thirty kilometres of the place of arrest or is nearer than that Executive Magistrate or District Superintendent of Police or Commissioner of Police.
  • Under Section 82(1) BNSS, the person arrested shall be taken before that Executive Magistrate or District Superintendent of Police or Commissioner of Police unless security is taken under Section 73 BNSS.
  • Under Section 82(2) BNSS, on the arrest of any person referred to in Section 82(1) BNSS, the police officer shall forthwith give the information regarding such arrest and the place where the arrested person is being held to the designated police officer in the district and to such officer of another district where the arrested person normally resides.

Time Limits Under Section 82 BNSS

  • Under Section 82(2) BNSS, the police officer shall forthwith give the information regarding such arrest and the place where the arrested person is being held.Act text: “the police officer shall forthwith give the information regarding such arrest”

Example of Section 82 BNSS

A Court in Bhopal district issues a warrant of arrest against Ramesh. The warrant is executed in Indore district, outside the district in which it was issued. Under Section 82(1) BNSS, the Court in Bhopal is not within thirty kilometres of the place of arrest and is not 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, and security is not taken under Section 73 BNSS. Ramesh shall be taken before that Executive Magistrate or District Superintendent of Police or Commissioner of Police. Under Section 82(2) BNSS, the police officer shall forthwith give the information regarding the arrest of Ramesh and the place where Ramesh is being held to the designated police officer in the district and to such officer of another district where Ramesh normally resides.

When Section 82 BNSS Does Not Apply

  • Section 82(1) BNSS speaks of the person arrested being taken before the Executive Magistrate or District Superintendent of Police or Commissioner of Police. It does not deal with the procedure by the Magistrate before whom the person arrested is brought.
  • Section 82(2) BNSS speaks of the police officer giving information regarding an arrest. It does not deal with the form of a warrant of arrest and its duration.

Section 82 BNSS in the CrPC (Previous Law)

Section 82 BNSS replaced Section 80 CrPC from 1 July 2024.

Section 82 BNSS has the same heading as Section 80 CrPC. Section 82(1) BNSS carries the words of Section 80 CrPC, which has no sub-sections, and refers to Section 73 BNSS where Section 80 CrPC referred to Section 71 CrPC. Section 82(2) BNSS adds that on the arrest of any person referred to in Section 82(1) BNSS, the police officer shall forthwith give the information regarding such arrest and the place where the arrested person is being held to the designated police officer in the district and to such officer of another district where the arrested person normally resides, and Section 80 CrPC has no counterpart to it.

Each sub-section below names its own source.

FAQs on Section 82 BNSS

Before whom is a person arrested outside the district in which the warrant was issued taken under Section 82(1) BNSS?▼

Section 82(1) BNSS says that when a warrant of arrest is executed outside the district in which it was issued, the person arrested shall be taken before such Magistrate or District Superintendent or Commissioner, that is the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, subject to the unless clauses of Section 82(1) BNSS.

What shall the police officer do on an arrest under Section 82(2) BNSS?▼

Section 82(2) BNSS says that on the arrest of any person referred to in Section 82(1) BNSS, the police officer shall forthwith give the information regarding such arrest and the place where the arrested person is being held to the designated police officer in the district and to such officer of another district where the arrested person normally resides.

When shall the police officer give the information under Section 82(2) BNSS?▼

Section 82(2) BNSS says that the police officer shall forthwith give the information regarding such arrest and the place where the arrested person is being held.

What changed from Section 80 CrPC to Section 82 BNSS from 1 July 2024?▼

Section 82 BNSS has the same heading as Section 80 CrPC. Section 82(1) BNSS carries the words of Section 80 CrPC, which has no sub-sections, and refers to Section 73 BNSS where Section 80 CrPC referred to Section 71 CrPC. Section 82(2) BNSS adds that on the arrest of any person referred to in Section 82(1) BNSS, the police officer shall forthwith give the information regarding such arrest and the place where the arrested person is being held to the designated police officer in the district and to such officer of another district where the arrested person normally resides, and Section 80 CrPC has no counterpart to it.

Section 82 BNSS: Sub-sections Explained

Section 82(1) BNSS: Procedure on arrest of person against whom warrant issued

▶

Bare Act Text

(1) 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 73, be taken before such Magistrate or District Superintendent or Commissioner.

Previous Law

CrPC 80 → Section 82(1) BNSS

Section 82(2) BNSS: Procedure on arrest of person against whom warrant issued

▶

Bare Act Text

(2) On the arrest of any person referred to in sub-section (1), the police officer shall forthwith give the information regarding such arrest and the place where the arrested person is being held to the designated police officer in the district and to such officer of another district where the arrested person normally resides.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·