Section 77 BNSS: Notification of Substance of Warrant
Section 77 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) requires the police officer or other person executing a warrant of arrest to inform the person being arrested of the substance of the warrant. If the person requires it, the warrant must also be shown.
The provision is part of the BNSS framework governing warrants of arrest. It operates after a warrant has been lawfully issued and while it is being executed. Section 77 should therefore be read with the preceding provisions on the form and direction of warrants and the following provisions concerning production before the court.
Text of Section 77 BNSS
77. 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.
Meaning of Section 77 BNSS
The expression "notify the substance" means that the person who is about to be arrested must be informed, in substance, that the arrest is being made under a warrant and what the warrant concerns. The provision ensures that the person is not taken into custody under a warrant without being informed of the basis of that warrant.
Section 77 also creates a further obligation: if the person being arrested requires the warrant to be shown, the executing police officer or other authorized person must show it.
Who Must Comply With Section 77?
The statutory duty applies to:
- a police officer executing the warrant of arrest; or
- another person lawfully authorized to execute the warrant.
This wording is consistent with the preceding provisions, including Section 74 BNSS and Section 75 BNSS, which contemplate circumstances in which a warrant may be directed to persons other than police officers.
Two Duties Under Section 77
| Duty | What the provision requires |
|---|---|
| Notify the substance of the warrant | The executing officer or other authorized person must inform the person to be arrested of the substance of the warrant. |
| Show the warrant if required | If the person being arrested asks to see the warrant, it must be shown. |
Is It Necessary to Show the Warrant in Every Case?
The text of Section 77 distinguishes between informing the person of the substance of the warrant and physically showing the warrant. Notification of the substance is mandatory in every execution of a warrant of arrest. Showing the warrant becomes mandatory when the person being arrested requires it.
The distinction is important because the statutory obligation to communicate the substance of the warrant is immediate, while production of the warrant document itself is linked to a request by the person being arrested.
Connection With Section 78 BNSS
After the warrant is executed, Section 78 BNSS requires the arrested person to be brought before the court without unnecessary delay, subject to the statutory rule concerning security under Section 73 and the maximum period stated in Section 78.
Sections 77 and 78 therefore address two successive stages: first, communication of the substance of the warrant at the time of arrest; second, prompt production of the arrested person before the appropriate court.
Related BNSS Warrant Provisions
| Section | Subject |
|---|---|
| Section 72 | Form of warrant of arrest and duration. |
| Section 73 | Power to direct security to be taken. |
| Section 74 | Warrants to whom directed. |
| Section 75 | Warrant may be directed to any person. |
| Section 76 | Warrant directed to police officer. |
| Section 77 | Notification of substance of warrant. |
| Section 78 | Person arrested to be brought before Court without delay. |
| Section 79 | Where warrant may be executed. |
| Section 80 | Warrant forwarded for execution outside jurisdiction. |
Frequently Asked Questions
What must the arresting officer tell the person under Section 77 BNSS?
The officer or other person executing the warrant must notify the person to be arrested of the substance of the warrant.
Can the arrested person ask to see the warrant?
Yes. If the person requires the warrant to be shown, Section 77 requires the executing officer or other person to show it.
Does Section 77 apply only to police officers?
No. Its wording applies to a police officer or any other person who is lawfully executing the warrant of arrest.
What provision applies after the arrest?
Section 78 BNSS deals with bringing the arrested person before the court without unnecessary delay.
Official Legal Resources
For the authoritative statutory text and current Government information, refer to India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 and the Ministry of Home Affairs - New Criminal Laws page.
Reviewed for the current BNSS framework.