Criminal procedure | Arrest warrants

Section 75 CrPC: Notification of Substance of Warrant

Section 75 of the Code of Criminal Procedure, 1973 required the person executing an arrest warrant to inform the person being arrested of the substance of that warrant and to show the warrant if requested. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 77.

Current legal position: The BNSS came into force on 1 July 2024 and replaced the CrPC for criminal procedure, subject to the saving and transitional provisions in Section 531 BNSS. For proceedings commenced under the earlier law, the applicable procedural regime should be assessed in light of those provisions.

Text of Section 75 CrPC - 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.

Corresponding provision: Section 77 BNSS, 2023

Section 77 - Notification of substance of warrant: This provision continues the requirement that a police officer or other person executing a warrant of arrest must notify its substance to the person to be arrested and, if required, show the warrant to that person.

The section concerns communication of the warrant at the time of its execution. It does not itself determine whether the underlying warrant was lawfully issued or whether the arrested person is entitled to bail.

Meaning and legal requirements

1. Who must provide the information?

The duty applies to the police officer or other person executing the arrest warrant. It is not limited to the police where the law permits execution by another authorized person.

2. What does "notify the substance" mean?

The person executing the warrant must communicate its essential purport to the person being arrested. In practical terms, this means explaining that the arrest is being made under a warrant and conveying its material basis sufficiently to identify the authority for the arrest. The provision does not prescribe a particular verbal formula.

3. Must the actual warrant be shown?

Yes, if the person being arrested requires it. The statutory obligation to show the warrant arises on request; the obligation to notify its substance applies in every execution covered by the section.

4. Is this the same as the right to be informed of grounds of arrest?

No. Section 77 BNSS specifically governs execution of an arrest warrant. Constitutional protections, including Article 22(1) of the Constitution of India, separately require that an arrested person be informed, as soon as may be, of the grounds of arrest and be permitted to consult and be defended by a legal practitioner of choice. These requirements should be considered together where applicable.

Illustration

If a police officer executes a warrant issued by a competent court, the officer must inform the person that an arrest warrant is being executed and communicate its substance. If the person asks to see the warrant, the officer must show it. Merely saying that the person is under arrest without conveying the substance of the warrant would not satisfy the express statutory requirement.

Related provisions on execution of warrants

Section 74 CrPC - warrant directed to a police officer.
Section 76 CrPC - production before court without unnecessary delay.
Section 77 CrPC - territorial extent of execution.
Section 71 CrPC - endorsement for taking security.

Frequently asked questions

What is Section 75 of CrPC?

It required a person executing an arrest warrant to notify the arrested person of the substance of the warrant and to show it if requested.

Which BNSS section corresponds to Section 75 CrPC?

Section 77 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Can an arrested person ask to see the warrant?

Yes. The executing officer or authorized person must show the warrant if requested.

Does Section 75 CrPC continue to apply after 1 July 2024?

The BNSS is the general current procedural statute. Whether an older CrPC provision governs a particular pending matter depends on the applicable savings and transitional rules, including Section 531 BNSS.

Official legal sources

Consult the India Code official legislation portal for the Code of Criminal Procedure, 1973, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Constitution of India. The Ministry of Home Affairs also publishes official materials relating to the new criminal laws.

This article provides general legal information. Application to a particular arrest or pending case depends on the facts, applicable law and judicial orders.