Chapter VI
Section 76 CrPC: Person arrested to be brought before Court without delay
New Law Update (2024)
Section 65 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 (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.
Important Sub-Sections Explained
Landmark Judgements
D.K. Basu v. State of West Bengal (1997):
This landmark Supreme Court judgment laid down comprehensive guidelines to be followed by police and other agencies while making arrests and detentions. It unequivocally stressed the fundamental rights of arrested persons and mandated their prompt production before a Magistrate, reinforcing the spirit of Sections 57 and 76 CrPC to prevent illegal detention and ensure accountability.
Arnesh Kumar v. State of Bihar (2014):
While primarily addressing the conditions for arrest under Section 41 CrPC, this Supreme Court ruling underscored the importance of ensuring that arrests are not made mechanically and that police officers provide reasons for arrest and non-arrest. The judgment indirectly strengthens the procedural safeguards against arbitrary detention, emphasizing that an arrested person must be brought before a Magistrate without undue delay as a critical check on police power, thereby supporting the objectives of Section 76 CrPC.