Section 75 CrPC: Notification of substance of warrant

Chapter VI

arrest procedure, arrest warrant details, CrPC Section 75, due process, execution of warrant, notification of grounds of arrest, police duties, rights of arrested person, warrant of arrest

New Law Update (2024)

Section 79 BNSS

TRIAL COURT

Punishment

Procedural – Warrant / Summons Process

Cognizable?

Bailable?

Compoundable?

Bare Act Text

The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant.

Important Sub-Sections Explained

Landmark Judgements

D.K. Basu v. State of West Bengal (1997):

The Supreme Court, in laying down extensive guidelines for arrest, implicitly reinforced the importance of informing an arrested person of the grounds of their arrest, a principle that Section 75 CrPC directly addresses by mandating notification of the warrant’s substance.

Joginder Kumar v. State of U.P. (1994):

This landmark judgment emphasized the fundamental right of an arrested person to be informed of the grounds of arrest and to have a relative or friend informed of the arrest. This directly supports the statutory requirement under Section 75 CrPC to communicate the substance of the warrant, ensuring transparency and accountability in the arrest process.

Chapter VI