Warrant of Arrest (Ss. 72 to 79 BNSS)

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A warrant of arrest is one of the most important judicial instruments available in the administration of criminal justice. It is a written order issued by a competent court authorising the arrest of a person accused of or suspected of committing an offence. Unlike an arrest without a warrant, which is carried out by the police under statutory authority in specified circumstances, a warrant of arrest is issued only after judicial application of mind and serves as a formal direction to law enforcement authorities to secure the presence of the person before the court.

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) provides a comprehensive legal framework governing the issuance, execution, and enforcement of warrants of arrest. These provisions are designed to ensure that judicial orders are effectively implemented while safeguarding the fundamental rights and personal liberty of individuals. The BNSS prescribes the circumstances in which a warrant may be issued, the authorities competent to execute it, the manner in which it is to be executed both within and outside the territorial jurisdiction of the issuing court, and the procedure to be followed after the arrest. It also lays down provisions relating to endorsement of warrants, inter-jurisdictional cooperation, production of the arrested person before the appropriate authority, and the grant of bail where permissible under law.

Chapter VI of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the processes to compel appearance of the accused or witness in the court. The Court can compel the person to be present in the Court using summons, warrant of arrest, or proclamation and attachment. In this article let us discuss provisions related to warrant of arrest in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Warrant of Arrest:

A warrant is a written instrument issued by the Judge or Magistrate on behalf of the state which authorizes the arrest and detention of an individual or the search and seizure of an individual’s property.

Objectives of Warrant:

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants serve several important objectives in the context of criminal proceedings. Here are the key objectives of warrants:

Compelling Appearance: A warrant is issued by a court to compel the appearance of an accused, witness, or any other person whose presence is required before the court. It ensures that individuals involved in legal proceedings attend court hearings as mandated by law.
Enforcement of Orders: Warrants enforce the orders of the court. When a person fails to comply with a summons or other court directive, a warrant may be issued to secure their presence or to enforce compliance with court orders, such as the production of documents or evidence.
Execution of Arrests: Warrants are used to effectuate arrests in cases where an accused person needs to be brought before the court. This includes situations where the accused has evaded arrest, absconded, or is deemed a flight risk.
Ensuring Fair Trial: Warrants play a crucial role in ensuring the fair trial of accused persons by securing their presence during trial proceedings. This facilitates the examination of evidence, witnesses, and allows for the accused to defend themselves effectively.
Preventing Evasion of Justice: Warrants help prevent the evasion of justice by individuals who may attempt to avoid legal proceedings or escape the consequences of their actions. Issuing a warrant ensures that such individuals are brought before the court to face trial.
Judicial Accountability: The issuance of warrants underscores the accountability of the judiciary in enforcing court orders and maintaining the integrity of legal processes. It demonstrates the authority of the court to ensure compliance with its directives.
Legal Process Efficiency: Warrants contribute to the efficiency of the legal process by expediting the attendance of necessary parties and preventing delays caused by non-appearance or evasion.

Warrants serve to uphold the principles of justice, ensure the presence of individuals involved in legal proceedings, and maintain the integrity and efficiency of the criminal justice system.

Types of Warrant under BNSS:

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, there are primarily two types of warrants issued by courts for different purposes. These are:

Arrest Warrant (Section 72 of BNSS):

Bailable Warrant: This type of warrant is issued when the offense is bailable, meaning the accused can be released on bail after arrest.
Non-Bailable Warrant: This type of warrant is issued when the offense is non-bailable, meaning the accused cannot be released on bail immediately after arrest, and they must be produced before a magistrate.

Search Warrant (Section 96 of BNSS):

This warrant is issued by a magistrate when it is necessary for the purposes of investigation to search any place, including a dwelling house, where any document, article, or thing which is likely to be evidence of an offense is kept.

These different kinds of warrants are crucial tools in the hands of the judiciary and law enforcement authorities to ensure the proper administration of justice and to facilitate investigations and trials in criminal cases. Each type of warrant serves specific purposes related to the arrest of accused persons or the search of premises to gather evidence.

Warrant of Arrest:

If a person commits a cognizable crime or is a habitual offender or an ex-convict, it is not in the public interest that such a person should be moving around freely. In such case a warrant of arrest of such person is issued.

Warrant of Arrest is a written order issued by a Court to a police officer to arrest and produce an offender or to search his premises for a particular thing. A police officer who executes the warrant shall notify the substance thereof to the person to be arrested and if he demands, shall show him the warrant. Sections 72 to 83 of Chapter VI of BNSS deal with the warrant of arrest.

In State v. Dawood Ibrahim Kaskar, AIR 1997 SC 2494 case, the Supreme Court held that, even in the course of investigation and before taking the cognizance of the case warrant can be issued.

Form of Warrant of Arrest and Duration (S. 72 BNSS):

According to Section 72(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 every warrant of arrest issued by a Court under this Sanhita shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court.
According to Section 72(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.

As per the section 72 of BNSS, the essentials of a warrant are as follows:

The warrant is to be in writing;
It must be signed by a presiding officer of Court issuing it; and
It must bear the seal of the Court;.

Besides above requirements, warrant must contain following information:

It must bear the name and designation of the executant of such warrant;
It must indicate the clear name and address of the accused;
It must state the offence with which the accused is charged;
It must indicate date of issue; and
It must indicate the date of appearance.

Notes:

The word used person in this chapter means warrant may be issued to arrest accused or witness.

Kinds of Warrants of Arrest:

Bailable Warrant:

A bailable warrant directs the police to arrest a person and produce him before the court. The person has the option to secure bail upon arrest, either by executing a bond with sureties or by simply signing a personal bond.
These warrants are generally issued in cases where the offense is bailable, meaning the arrested person has the right to seek bail and be released until trial.
Section 73 of BNSS deals with bailable wararnts.

Non-Bailable Warrant:

A non-bailable warrant directs the police to arrest a person and produce him before the court. In such cases, the arrested person does not have the option to secure bail from the police officer who executes the warrant. Bail can only be granted by a competent court.
These warrants are typically issued in cases involving non-bailable offenses or when the court believes that the person may evade the judicial process or tamper with evidence if not taken into custody.

Differences between Bailable Warrant and Non-Bailable Warrant:

Bailable Warrant	Non-Bailable Warrant
It is issued for bailable offenses where the accused has a statutory right to be released on bail.	It is issued for non-bailable offenses or in situations where the court feels that the person might not comply with the summons or other orders.
The accused can be released on bail by the arresting officer upon fulfilling the bail conditions.	Bail can only be granted by the court, and the arresting officer does not have the authority to release the person on bail.
Bailable warrant are generally associated with less severe offenses.	Non-bailable warrant is associated with more severe offenses or when there is a need to ensure the presence of the accused in court.
It ensures that the accused appears in court while allowing them the liberty to remain free during the trial process.	It ensures that the accused is taken into custody to secure their presence in court, particularly when there is a risk of evasion or non-compliance with court orders.

In Shaik Yousuf v. State of Andhra Pradesh, 2001(2) ALT (Crl) 270 (AP) case, the Court held that a warrant once issued remains in force until it is cancelled or executed even though it bears returnable date.

In Raghuvansh Divanchand Bhasin v. State of Maharashtra AIR 2011 SC 3393 case, where the accused fails to appear before the court on date fixed due to traffic condition in metropolitan city, the trial court issued a non-bailable warrant against him. The Supreme Court held that the Court should not issue a non-bailable warrant mechanically arbitrarily without ascertaining the cause of non-appearance. Mere issuing a non-bailable warrant in such circumstances without considering all the aspects would not be a judicious exercise of such powers.

In Inder Mohan Gowswamy v. State of Uttaranchal, AIR 2008 SC 251 case, the Supreme Court held that Non-bailable warrant normally not to be issued if presence of accused could be secured. It is further held that, issuance of Non-bailable warrant involves interference with personal liberty. Arrest and Imprisonment means deprivation of the most precious right of an individual. Therefore the courts have to be extremely careful before issuing non- bailable warrants. The Court further held that non-bailable warrant should be issued to bring the person to court when summons and bailable warrant would be unlikely to have the desired result. This could be reasonable to believe that the person willing to appear in court or the Police authorities are unable to find the person to serve him with summons or it is considered that the person could harm someone if not placed into custody immediately. The Court observed that some times in the larger interest of the public and the State it becomes absolutely imperative to curtail the freedom of individual for a certain period, only then non-bailable warrants should be issued. The Court also opined that summons should be preferred over warrants and bailable warrants should be preferred over non-bailable warrants.

In Arun Kumar v. State of Maharashtra, Writ Petition no. 4429/2013 case, the Bombay High Court held that, the appearance of the applicant / accused is not necessary for cancellation of warrant. It is held that there is no law that the accused shall personally remain present for cancellation of warrant. When an application is made for cancellation of warrant, the same needs to be considered on merits without insisting for appearance of the accused.

Power to Direct Security to be Taken (S. 73 BNSS):

According to Section 73(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bail bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.

When issuing an arrest warrant, the Court may decide that the accused does not need to remain in custody after arrest. The Court can direct that if the accused executes a bail bond, and provides sufficient sureties (persons who undertake to ensure the accused’s appearance), the police officer executing the warrant should accept the bond and release the accused immediately. The accused must agree to appear before the Court on the date and time specified and continue attending whenever required until the Court directs otherwise. This provision balances the need to secure the accused’s presence before the Court with the principle that unnecessary detention should be avoided.

According to Section 73(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 the endorsement shall state—

(a) the number of sureties;

(b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound;

Section 73(2) specifies what the Court’s endorsement on the warrant must contain. The Court must specify how many sureties are required. The Court must specify the amount of the bail bond to be executed by the accused; and The endorsement must state when the accused must appear before the Court after release. This ensures there is no uncertainty for either the accused or the police officer executing the warrant.

According to Section 73(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court.

Once the police officer arrests the accused, accepts the bail bond and sureties in accordance with the endorsement, and releases the accused, the officer must forward the executed bond to the Court.

This act informs the Court that the warrant has been executed and the accused has been released on the Court’s authorized terms; and it enables the Court to retain the bond as part of the judicial record and enforce it if the accused fails to appear.

Thus, as per Section 73 of BNSS, any court issuing a warrant for the arrest of any person may in its discretion direct by an endorsement on the warrant that if such person executes a bond with sufficient sureties for his attendance before the court at a specified time and thereafter until otherwise directed by the court, the officer to whom the warrant is directed shall take such security and shall release such person from custody. The endorsement shall state the number of sureties, amount in which they and the person for whose arrest warrant issued, are to be respectively bound, the time at which he is to attend before the court. Whenever security is taken under this section, the officer whom warrant is directed shall forward the bond to the court.

In Karim Shah v. State of UP, 2008 Cr LJ 2974 case, the Court held that after the accused has been taken into custody, the liabilities if sureties comes to an end. If subsequently he absconds from the custody of the court the sureties cannot be held liable.

Warrants to whom Directed (S. 74 of BNSS):

According to Section 74(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 a warrant of arrest shall ordinarily be directed to one or more police officers; but the Court issuing such a warrant may, if its immediate execution is necessary and no police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same.

Section 74(1) lays down the general rule and an exception. Ordinarily, a warrant of arrest is directed to one or more police officers. As exception, the Court may direct the warrant to any other person or persons instead of police officers if immediate execution of the warrant is necessary, and no police officer is immediately available. The person so authorized is legally empowered to execute the warrant in the same manner as a police officer for that purpose. The exception ensures that justice is not delayed merely because police officers are unavailable.

According to Section 74(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 when a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more of them.

Section 74(2) deals with warrants directed to more than one person. Where a warrant is addressed to several police officers or several authorized persons, all of them may execute it jointly, or any one or more of them may execute it. In other words, every person named in the warrant has authority to execute it. This provision avoids unnecessary procedural difficulties by ensuring that execution does not fail merely because every named officer or person is not present.

Thus, according to Section 74 of BNSS, a warrant may be directed to the police officer or any person. If it is directed to more officers or persons than one, then warrant may be executed by all, or by any one or more of them.

Warrant may be Directed to any Person (S. 75 of BNSS):

According to Section 75(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 the Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest.

Section 75(1) authorizes the Chief Judicial Magistrate (CJM), or a Magistrate of the First Class to direct an arrest warrant to any person within the Magistrate’s local jurisdiction. This power may be exercised only in respect of the following categories of persons:

Escaped convict: An escaped convict is a person who has been convicted of an offence and has escaped from lawful custody before completing the sentence imposed by the Court.
Proclaimed offender: A proclaimed offender is a person who has been declared as such by a competent Court after failing to appear despite the prescribed legal process.
Person accused of a non-bailable offence who is evading arrest: This includes a person accused of a non-bailable offence, and deliberately avoiding or evading arrest.

The Magistrate may direct the warrant to any suitable person within the local jurisdiction, particularly where that person is in a position to apprehend the accused if found on property under their control.

The provision enables the Court to secure the arrest of dangerous or absconding persons by involving persons who have practical control over premises where such persons may be found.

According to Section 75(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued, is in, or enters on, any land or other property under his charge.

Section 75(2) prescribes the duties of the person to whom the warrant is directed. The person must acknowledge in writing that they have received the warrant. This creates an official record that the warrant has been entrusted to them. The person must execute the warrant if the wanted person is already on any land or property under that person’s charge, or subsequently enters such land or property. The obligation to arrest arises only in relation to property that is under the person’s control or management.

This provision ensures that individuals who control particular premises—such as estate managers, factory managers, or caretakers—assist in the apprehension of persons who attempt to hide or seek refuge on those premises.

According to Section 75(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 when the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 73.

After the arrest is made, the private person does not retain custody of the arrested individual. Instead, the arrested person must be handed over, along with the warrant, to the nearest police officer. The police officer must then take the arrested person before the Magistrate having jurisdiction over the case. This maintains judicial supervision over the arrest and subsequent proceedings.

If the warrant contains an endorsement under Section 73 permitting release on execution of a bail bond with sufficient sureties, and the required security is furnished, the arrested person may be released in accordance with that provision instead of being produced in custody before the Magistrate.

Examples

A convict escapes from prison and is believed to be hiding on a large agricultural estate. The Chief Judicial Magistrate directs an arrest warrant to the estate manager. If the escaped convict is found on the estate, the manager must arrest the convict and hand them over to the nearest police officer along with the warrant.
A proclaimed offender repeatedly hides in a warehouse. The Magistrate directs the warehouse supervisor to execute the warrant. When the offender enters the warehouse, the supervisor arrests the offender and immediately delivers them to the nearest police officer.
A person accused of a non-bailable offence avoids the police and frequently visits a factory owned by a relative. The Magistrate directs the factory manager to execute the warrant. When the accused enters the factory premises, the manager executes the warrant and hands the accused over to the police.

Thus, warrant under Section 75 can only be issued by the Chief Judicial Magistrate or a Magistrate of the first class. This warrant can be directed to any person within his local jurisdiction. Such warrant can only be issued for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest.

In State v. Dawood Ibrahim Kaskar, AIR 1997 SC 2494 case, the Supreme Court held that Under Section 73 CrPC (S. 75 of BNSS) a warrant of arrest cannot be issued by the court solely for production of accused before the police in aid of investigation.

Relationship Between Sections 73, 74 and 75:

Section 73 allows the issuing Court to endorse an arrest warrant with directions for release on bail upon execution of a bond and furnishing of sureties.
Section 74 provides that arrest warrants are ordinarily directed to police officers but may, in urgent situations where no police officer is immediately available, be directed to other persons.
Section 75 is a special provision empowering the Chief Judicial Magistrate or a Magistrate of the First Class to direct a warrant to any person within the local jurisdiction for the arrest of an escaped convict, proclaimed offender, or a person accused of a non-bailable offence who is evading arrest.

Warrant Directed to Police Officer (S. 76 of BNSS):

According to Section 76 of the Bharatiya Nagarik Suraksha Sanhita, 2023 a warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.

This provision deals with delegation of authority for the execution of an arrest warrant among police officers. It ensures that the execution of warrants is not delayed merely because the police officer originally named in the warrant is unable to execute it personally.

Ordinarily, when a Court issues a warrant of arrest, it is addressed to a specific police officer or to certain police officers. Section 76 permits the police officer to whom the warrant is addressed to endorse (authorise in writing) another police officer to execute the warrant. Thus, the authority to execute the warrant can be transferred within the police force through a written endorsement on the warrant itself.

Note that, the provision applies only to warrants addressed to police officers. The endorsement must be made by the officer to whom the warrant was originally directed, or by an officer to whom it has already been endorsed. This provides documentary evidence that the executing officer has lawful authority. Once endorsed, the second officer has the same authority to execute the warrant as the officer originally named.

The provision avoids unnecessary delay in executing warrants. It allows efficient distribution of police duties. It ensures continuity when the original officer is unavailable due to transfer, leave, illness, or engagement in other official duties. Without such a provision, a warrant might have to be returned to the Court or reissued whenever the named officer could not personally execute it.

Examples:

A Magistrate issues an arrest warrant directing it to Inspector A. Inspector A learns that the accused is residing in another part of the district where Sub-Inspector B is stationed. Inspector A endorses Sub-Inspector B’s name on the warrant. Sub-Inspector B may lawfully execute the warrant.
A warrant is issued to Inspector X. Before execution, Inspector X proceeds on emergency duty elsewhere. Inspector X endorses the warrant in favour of Inspector Y. Inspector Y may execute the warrant without requiring the Court to issue a fresh warrant.
A warrant is directed to Inspector A. Inspector A endorses it to Inspector B. Inspector B, while proceeding to execute the warrant, finds that Inspector C is better placed to apprehend the accused. If Inspector B endorses Inspector C’s name on the warrant, Inspector C may lawfully execute it. This is permitted because Section 76 refers to endorsement by the officer “to whom it is directed or endorsed.”

Notification of Substance of Warrant (S. 77 of BNSS):

According to Section 77 of the Bharatiya Nagarik Suraksha Sanhita, 2023 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.

This provision lays down an important procedural safeguard for a person who is being arrested under a warrant. It ensures that the arrest is carried out transparently, lawfully, and fairly, by informing the person of the authority and reason for the arrest. When a police officer or any other person authorized by law executes an arrest warrant, they cannot simply arrest the person without explanation. They have two legal duties. First to notify the substance of the warrant to the person being arrested; and second to show the warrant if the person asks to see it. This enables the person to understand that the arrest is being made under lawful judicial authority. The officer is not required to hand over the warrant permanently, but must allow the arrested person to inspect it if requested.

The provision protects individuals from unlawful or mistaken arrests; promotes openness and accountability in the execution of judicial orders; ensures that the arrested person understands the legal basis of the arrest; and reinforces the constitutional principle that no person should be deprived of personal liberty except according to procedure established by law.

Person Arrested to be Brought before Court without Delay (S. 78 of BNSS):

According to Section 78 of the Bharatiya Nagarik Suraksha Sanhita, 2023 the police officer or other person executing a warrant of arrest shall (subject to the provisions of section 73 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person.

The Proviso attached to Section 78 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lays down that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.

This provision deals with the duty of the person executing an arrest warrant to produce the arrested person before the appropriate Court without unnecessary delay. The main objective of this provision is to ensure that a person arrested under a warrant is placed under judicial supervision at the earliest opportunity and is not kept in custody unnecessarily.

When a police officer or any other authorized person arrests someone under a warrant, the person making the arrest must bring the arrested person before the proper Court without unnecessary delay, and follow the procedure prescribed by law regarding production before the Court.

The person who executes the warrant cannot keep the arrested individual in custody for an unreasonable period after arrest.

The phrase “Without unnecessary delay”means that the arrested person must be produced before the Court as soon as reasonably possible. It does not mean that the person must be taken before the Court instantly, because practical difficulties such as distance between the place of arrest and the Court, availability of transport, Court working hours, or other unavoidable circumstances may cause some delay. However, the delay must be reasonable and should not be caused by negligence, misuse of authority, or an intention to keep the person detained without judicial oversight.

The Court will then decide matters such as custody, bail, further proceedings, or any other legal order required in the case.

“subject to the provisions of section 73 as to security” means that Section 78 must be read along with Section 73. Under Section 73, if the Court issuing the warrant has endorsed the warrant with a direction that the arrested person may be released on executing a bail bond with sufficient sureties, the officer executing the warrant may accept the required security; and release the arrested person from custody. In such a situation, immediate production before the Court may not be necessary because the Court has already provided a mechanism for release through the warrant itself.

Examples:

A Magistrate issues an arrest warrant against A. The police arrest A on Monday morning. The police must produce A before the competent Court without unnecessary delay, rather than keeping A at the police station for several days.
A warrant issued against B contains an endorsement under Section 73 stating that B may be released on furnishing a specified bail bond and sureties. After arrest, B provides the required security. The police officer accepts the bond and releases B according to the Court’s direction.
A person is arrested under a warrant and the police keep him in custody for several days without producing him before the Court, despite the Court being available. Such unnecessary delay would violate the requirement of Section 78.

The provision aims to prevent illegal or prolonged detention after arrest; ensures early involvement of the judiciary; protects personal liberty; maintains accountability of arresting authorities; and ensures that custody decisions are made by a competent Court rather than by executive authorities.

The proviso attached to the Section 78 clarifies that even if some delay occurs, it cannot exceed twenty-four hours, excluding the time reasonably required to travel from the place of arrest to the Magistrate’s Court. Therefore, the arrested person cannot be kept in custody beyond 24 hours after arrest merely for administrative reasons. The period required for transportation to the Magistrate’s Court is not counted within these 24 hours.

Where Warrant may be Executed (S. 79 of BNSS):

According to Section 79 of the Bharatiya Nagarik Suraksha Sanhita, 2023 a warrant of arrest may be executed at any place in India.

This provision establishes the territorial validity of arrest warrants issued by a competent Court. It makes clear that an arrest warrant is not restricted only to the local area or State where the Court issuing the warrant is situated; it can be executed anywhere within the territory of India. The provision prevents accused persons from avoiding arrest simply by moving from one State to another.

Thus, Courts exercise judicial authority throughout India, and criminal proceedings should not fail because an accused person leaves the jurisdiction of the issuing Court. An accused person cannot escape the execution of a warrant by shifting residence or hiding in another part of India. Police authorities across different States can assist in executing valid arrest warrants issued by competent Courts.

Example:

A Magistrate’s Court in Maharashtra issues an arrest warrant against A. A leaves Maharashtra and starts living in Karnataka. The police can execute the same warrant and arrest A in Karnataka. A fresh warrant from a Karnataka Court is not required.

Section 79 strengthens the criminal justice system by ensuring that Court-issued warrants cannot be defeated by geographical boundaries; offenders cannot avoid arrest by moving to another State; and law enforcement agencies can act beyond their local jurisdiction when executing valid warrants.

In State of West Bengal v. Jugal Kishore, AIR 1969 SC 1171 case, the Supreme Court observed that the Section only declares, in that, every warrant issued by a Magistrate in India may be executed at any place in India; execution of warrant is not restricted to the local limits of jurisdiction of the Magistrate issuing the warrant or of the court to which he is subordinate.

Conclusion:

Warrants of arrest under the Bharatiya Nagarik suraksha sanhita, 2023 (BNSS) are crucial instruments in the Indian legal system, designed to ensure the appearance of individuals in court and uphold the administration of justice. Bailable warrant allows the accused to be released on bail upon arrest, generally issued for less severe, bailable offenses. This warrant balances the need to secure the accused’s presence in court with their right to liberty. Non-bailable warrant requires the accused to be produced before the court without the option of bail from the arresting officer, typically issued for more serious, non-bailable offenses. This warrant is vital for preventing evasion of the judicial process and ensuring compliance with court orders.

Understanding the nature and purpose of warrants highlights their role in maintaining legal order and protecting both individual rights and societal interests. The judicial system uses these tools judiciously to balance enforcement and fairness, ensuring that justice is both served and seen to be served.

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