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LawpatraLawpatra
BNSS, 2023
Start Practicing
BNSSChapter VISection 81
Section81

Warrant directed to police officer for execution outside jurisdiction

AI Assist

Summary

When a warrant addressed to a police officer must be carried out outside the issuing court's local area, the officer should normally get it endorsed by an Executive Magistrate or a police officer in charge where it will be executed. That endorsement authorises the officer to act and the local police must assist if asked. If getting endorsement would cause delay likely to prevent execution, the officer may execute the warrant without endorsement.

Example

Priya files an FIR and a court gives a warrant to Officer Arjun to arrest a suspect in the neighbouring district. Arjun takes the warrant to the Executive Magistrate or the local station in-charge there for endorsement, and that endorsement lets him execute the warrant with local police help. If waiting for endorsement would let the suspect escape, Arjun may act without it.

Bare Act

Enacted text

(1) When a warrant directed to a police officer is to be executed beyond the local jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either to an Executive Magistrate or to a police officer not below the rank of an officer in charge of a police station, within the local limits of whose jurisdiction the warrant is to be executed.

(2) Such Magistrate or police officer shall endorse his name thereon and such endorsement shall be sufficient authority to the police officer to whom the warrant is directed to execute the same, and the local police shall, if so required, assist such officer in executing such warrant.

(3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the Magistrate or police officer within whose local jurisdiction the warrant is to be executed will prevent such execution, the police officer to whom it is directed may execute the same without such endorsement in any place beyond the local jurisdiction of the Court which issued it.

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VI

Chapter VI

Processes to Compel Appearance

In this chapter

  • 63Form of summons
  • 64Summons how served
  • 65Service of summons on corporate bodies, firms, and societies
  • 66Service when persons summoned cannot be found
  • 67Procedure when service cannot be effected as before provided
  • 68Service on Government servant
  • 69Service of Summons outside local limits
  • 70Proof of service in such cases and when serving officer not present
  • 71Service of summons on witness
  • 72Form of warrant of arrest and duration
  • 73Power to direct security to be taken
  • 74Warrants to whom directed
  • 75Warrant may be directed to any person
  • 76Warrant directed to police officer
  • 77Notification of substance of warrant
  • 78Person arrested to be brought before Court without delay
  • 79Where warrant may be executed
  • 80Warrant forwarded for execution outside jurisdiction
  • 81Warrant directed to police officer for execution outside jurisdiction
  • 82Procedure on arrest of person against whom warrant issued
  • 83Procedure by Magistrate before whom such person arrested is brought
  • 84Proclamation for person absconding
  • 85Attachment of property of person absconding
  • 86Identification and attachment of property of proclaimed person
  • 87Claims and objections to attachment
  • 88Release, sale and restoration of attached property
  • 89Appeal from order rejecting application for restoration of attached property
  • 90Issue of warrant in lieu of, or in addition to, summons
  • 91Power to take bond or bail bond for appearance
  • 92Arrest on breach of bond or bail bond for appearance
  • 93Provisions of this Chapter generally applicable to summons and warrants of arrest
Previous · Section 80Warrant forwarded for execution outside jurisdictionNext · Section 82Procedure on arrest of person against whom warrant issued