Section 80 CrPC: Procedure on arrest of person against whom warrant issued
Code of Criminal Procedure, 1973
Section 80 CrPC at a Glance
Section 80 CrPC deals with procedure on arrest of person against whom warrant issued. From 1 July 2024 it is replaced by Section 82 BNSS.
What Section 80 CrPC Says
80. Procedure on arrest of person against whom warrant issued
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 71, be taken before such Magistrate or District Superintendent or Commissioner.
Source: Section 80, Code of Criminal Procedure, 1973
Section 80 CrPC in Simple Words
Section 80 of the Code of Criminal Procedure, 1973 deals with the procedure on arrest of a person against whom a warrant is issued.
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 71 CrPC.
When Section 80 CrPC Applies
- Section 80 CrPC speaks of a warrant of arrest 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.
- 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.
- 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 71 CrPC.
Example of Section 80 CrPC
When Section 80 CrPC Does Not Apply
- Section 80 CrPC 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 80 CrPC speaks of a warrant of arrest that is executed. It does not deal with the form of a warrant of arrest and its duration.
Section 80 CrPC Under BNSS 82: What Changed
Section 80 CrPC is now covered under Section 82 BNSS.
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.
View detailed comparison (CrPC 80 vs BNSS 82) →FAQs on Section 80 CrPC
Before whom is a person arrested outside the district in which the warrant was issued taken under Section 80 CrPC?▼
Section 80 CrPC 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 80 CrPC.
What does Section 80 CrPC say about the distance of the Court which issued the warrant?▼
Section 80 CrPC says that 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.
What does Section 80 CrPC say about security taken under Section 71 CrPC?▼
Section 80 CrPC says that 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 71 CrPC.
Where is Section 80 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
Section 80 CrPC has no sub-sections, and maps as a whole to Section 82 BNSS. Its words are found in Section 82(1) BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·