सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 82

Procedure on arrest of person against whom warrant issued

Why this exists

This rule traces back to colonial-era Criminal Procedure Codes designed to prevent the harsh practice of dragging an arrested person across long distances to the court that issued the warrant. By requiring production before a nearby Magistrate or senior police officer, the law ensures quick judicial or administrative oversight of the arrest close to where it happened, while the notification requirement keeps police records connected across districts so the person isn't lost in the system or held incommunicado.

Common misconceptions
  • Myth: The arrested person must always be taken directly to the court that issued the warrant, no matter how far away it is.
    Fact: The law specifically avoids this — unless the issuing court is very close (within 30 km) or is nearer than the local Magistrate or police chief, the person is first produced before local authorities instead.
  • Myth: Police have no obligation to inform anyone about where an arrested person is being kept.
    Fact: Sub-section (2) requires police to immediately inform both the local designated officer and the police in the person's home district about the arrest and detention location.