Person arrested to be brought before Court without delay
Section 78 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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 73 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 c The Act came into force on 01 Jul 2024.
The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 73 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.
Section 78, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 76 Person arrested to be brought before Court without delay Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Mrs. Yeruva Ajitha vs The State of Andhra Pradesh
Court's Decision & Legal Precedent
Allowing a revision against the Magistrate's refusal to recall a warrant and rescind a Look Out Circular, the Court reasoned that even if the petitioner were arrested on her return to India by virtue of the LOC, Section 78 BNSS obliges the police to produce the arrested person before the Magistrate within twenty-four hours, whereupon the Magistrate must decide either to remand or to release on bail; a stay of further proceedings in the committal case therefore does not inhibit the Magistrate from doing what is absolutely necessary.
On this section: Uses Section 78 as the operative safeguard on arrest under a warrant or LOC - production before the Magistrate within twenty-four hours, followed by a judicial decision on remand or bail - and holds that this duty survives an order staying further proceedings.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… PETITION No.16364 of 2024 ORDER: This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/accused seeking to quash the proceedings against him in FIR No.352 of 2024 of P.S. Konaraopet, registered for the alleged offences punishable under Sections 75(l)(ii) and 78(1)(ii) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Sections 3(lXu,Xii) and 3(2)(Va) of SC/ST(POA) Act. 2. I{card Sri .l-.Sulya Satish, learned counsel for the petitioncr and Sri Jithendcr Rao Vcerarnalla, learned Additionat Public Prosecutor lbr respondent- State. 3. Though this petition is filed …
Questions about Section 78
What have the courts held on Section 78 of the Bharatiya Nagarik Suraksha Sanhita?
Mrs. Yeruva Ajitha vs The State of Andhra Pradesh (31 Dec 2024) is the leading judgment on this section among those set out below: Uses Section 78 as the operative safeguard on arrest under a warrant or LOC - production before the Magistrate within twenty-four hours, followed by a judicial decision on remand or bail - and holds that this duty survives an order staying further proceedings.
How do I find court cases under Section 78 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 78, section 78 BNSS, section 78 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 78 2 and bns 78 1. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Mrs. Yeruva Ajitha vs The State of Andhra Pradesh (31 Dec 2024).
What should I read with Section 78 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 73 (Power to direct security to be taken), so none of them can safely be read on its own. 4 other provisions in this corpus refer back to it. It carries forward CrPC 76 (Person arrested to be brought before Court without delay), so the judgments decided under that provision are the case law on this one.
When did Section 78 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 78 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 78, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.