Notification of substance of warrant
Section 75 of the Code of Criminal Procedure, 1973 deals with notification of substance of warrant. 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. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 75, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 77 Notification of substance of warrant 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 The repealed enactment still governs what happened while it was in force.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.
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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Sagi Venkata Raju vs Tahsildar
Court's Decision & Legal Precedent
An administrative authority conducting an enquiry under a specific statute possesses only those powers explicitly granted by that statute. Where the statute does not provide power to compel physical presence through threat of criminal prosecution, such threats in an administrative notice are illegal and without jurisdiction. However, an administrative enquiry can proceed based on written explanations and material available on record without requiring the physical presence of the person being enquired into.
On this section: The court held that these sections, which deal with bailable warrants, cannot be invoked by a revenue authority in an administrative enquiry notice without proper legal authority.
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.
Questions about Section 75
What have the courts held on Section 75 of the Code of Criminal Procedure?
Sagi Venkata Raju vs Tahsildar (05 Jul 2017) is the leading judgment on this section among those set out below: The court held that these sections, which deal with bailable warrants, cannot be invoked by a revenue authority in an administrative enquiry notice without proper legal authority.
How do I find court cases under Section 75 of the Code of Criminal Procedure?
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: CRPC 75, section 75 CRPC, section 75 of the Code of Criminal Procedure. 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 Sagi Venkata Raju vs Tahsildar (05 Jul 2017).
What should I read with Section 75 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 77 (Notification of substance of warrant), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 75 of the Code of Criminal Procedure come into force?
Section 75 of the Code of Criminal Procedure, cited as CRPC 75, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.