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

Code of Criminal Procedure, 1973

Section 76 CrPC at a Glance

Section 76 CrPC deals with person arrested to be brought before Court without delay. From 1 July 2024 it is replaced by Section 78 BNSS.

Now BNSS

Section 78 →

What Section 76 CrPC Says

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.

Source: Section 76, Code of Criminal Procedure, 1973

Section 76 CrPC in Simple Words

Section 76 of the Code of Criminal Procedure, 1973 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 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.

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 76 CrPC Applies

  • 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.

Time Limits Under Section 76 CrPC

  • 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 76 CrPC

Police officer Sunil arrests Kamal under a warrant of arrest. Sunil brings Kamal without unnecessary delay before the Court before which Kamal is required by law to be produced. The time necessary for the journey from the place of arrest to the Magistrate's Court is not counted in the twenty-four hours. This follows Section 76 CrPC.

When Section 76 CrPC Does Not Apply

  • Section 76 CrPC speaks of a person arrested under a warrant of arrest. It does not deal with a person arrested without a warrant.
  • Section 76 CrPC speaks of bringing the person arrested before the Court. It does not deal with the grant of bail.

Section 76 CrPC Under BNSS 78: What Changed

Section 76 CrPC is now covered under Section 78 BNSS.

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 detailed comparison (CrPC 76 vs BNSS 78) →

FAQs on Section 76 CrPC

What must the person executing a warrant of arrest do under Section 76 CrPC?▼

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.

What is the time limit under Section 76 CrPC?▼

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 76 CrPC say about security?▼

The duty in Section 76 CrPC is subject to the provisions of Section 71 as to security. Section 71 CrPC is headed Power to direct security to be taken.

Where is Section 76 CrPC found in the BNSS from 1 July 2024?▼

Section 76 CrPC has no sub-sections, and maps as a whole to Section 78 BNSS from 1 July 2024. The reference to Section 71 CrPC as to security is a reference to Section 73 BNSS in Section 78 BNSS.

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

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·