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CrPC, 1973
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CrPCChapter IVSection 38
Section38

Aid to person other than police officer, executing warrant

AI Assist

Summary

If a warrant is directed to a person who is not a police officer, anyone may help carry out that warrant so long as the person named is nearby and is actually executing it. Assistance is lawful only during the time the directed person is present and acting under the warrant. Helpers may thus aid in making the warrant effective.

Example

A court issues a warrant directed to Priya's building manager to remove a tenant who refuses to leave. The manager is present and acting under the warrant, and Rohan helps escort the tenant out. Under this section Rohan may lawfully assist the manager in executing the warrant.

Bare Act

Enacted text

When a warrant is directed to a person other than a police officer, any person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.

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IV

Chapter IV

Power Of Superior Officers Of Police & Aid To Magistrates And Police

In this chapter

  • 36Powers of superior officers of police
  • 37Public when to assist Magistrates and police
  • 38Aid to person other than police officer, executing warrant
  • 39Public to give information of certain offences
  • 40Duty of officers employed in connection with the affairs of a village to make certain report
Previous · Section 37Public when to assist Magistrates and policeNext · Section 39Public to give information of certain offences