Section 74 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Warrants To Whom Directed.

(1) 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.
(2) 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.

Explanation of Section 74 BNSS

Section 74 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, lays down who can execute a warrant of arrest and in what circumstances.

Key Aspects of Section 74 BNSS

1. Who is a Warrant Normally Directed To?

   • Typically, a warrant of arrest is issued to one or more police officers.

2. When Can Non-Police Persons Execute Warrants?

   • If the immediate execution of the warrant is necessary, and

   • No police officer is available,

   • The Court may direct any other person(s) to execute it.

3. Multiple Officers or Persons on a Warrant

   • When the warrant is issued to multiple police officers or persons, it can be executed:

     • By all of them together, or

     • By any one or more of them acting independently.

Illustration of Section 74 BNSS

Example 1: Warrant Executed by Police Officers

A Magistrate issues a warrant of arrest against a criminal gang leader hiding in Mumbai.

• The warrant is directed to multiple police officers for swift execution.

• The police officers coordinate and arrest the gang leader.

Example 2: Warrant Executed by Non-Police Person Due to Urgency

A terrorist suspect is spotted in a remote village where no police officers are immediately available.

• The Court issues a warrant to the local Gram Pradhan (village head) to arrest the suspect.

• The Gram Pradhan and his team execute the warrant and hand the suspect over to the police.

Common Questions and Answers on Section 74 BNSS

1. Who is responsible for executing a warrant under Section 74 BNSS?

✅ A warrant is normally directed to one or more police officers. However, if there is urgency and no police officer is available, the Court can direct any other person(s) to execute it.

2. Can a civilian execute a warrant of arrest?

✅ Yes, but only if the Court specifically directs it due to immediate necessity and the unavailability of police officers.

3. What happens if multiple officers or persons receive the warrant?

✅ The warrant can be executed by all of them together or by any one or more of them independently.

4. Can a private security officer execute a warrant?

✅ Yes, if the Court issues the warrant to them specifically due to urgent circumstances.

5. What is the purpose of allowing non-police officers to execute a warrant?

✅ This provision ensures timely execution of warrants, especially in situations where delays can lead to escape or obstruction of justice.

Conclusion

Section 74 BNSS provides flexibility in executing arrest warrants, ensuring that warrants are carried out without delay. While police officers are the primary executors, in urgent cases, non-police persons may also be authorized. This section plays a crucial role in maintaining law and order efficiently.

For more legal updates, visit ApniLaw today!