Code: Section 80 BNSS
Execution of Warrant Outside Local Jurisdiction
(1) When a warrant is to be executed outside the local jurisdiction of the Court
issuing it, such Court may, instead of directing the warrant to a police officer within its
jurisdiction, forward it by post or otherwise to any Executive Magistrate or District
Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction
it is to be executed; and the Executive Magistrate or District Superintendent or Commissioner
shall endorse his name thereon, and if practicable, cause it to be executed in the manner
hereinbefore provided.
(2) The Court issuing a warrant under sub-section (1) shall forward, along with the
warrant, the substance of the information against the person to be arrested together with
such documents, if any, as may be sufficient to enable the Court acting under section 83 to
decide whether bail should or should not be granted to the person.
Explanation of Section 80 BNSS
Section 80 of the BNSS provides a legal framework for executing a warrant outside the jurisdiction of the issuing Court. If a person accused of a crime is located outside the local jurisdiction of the Court that issued the warrant, the Court can forward the warrant to a competent authority in the location where it needs to be executed.
The section outlines two main procedural aspects:
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Transmission of the Warrant:
- Instead of directing the warrant to a local police officer, the Court can send it to an Executive Magistrate, District Superintendent of Police, or Commissioner of Police in the jurisdiction where the warrant is to be executed.
- The receiving officer must endorse the warrant and, if possible, execute it as per legal procedures.
-
Providing Relevant Information:
- The issuing Court must send supporting documents and substance of the information against the accused.
- This enables the receiving Court (acting under Section 83 BNSS) to decide on the grant or denial of bail.
This provision ensures the smooth execution of warrants beyond local boundaries, preventing accused individuals from evading arrest by crossing jurisdictions.
Illustration
Example 1: Warrant Sent to Another State
A Court in Delhi issues a warrant against a person residing in Mumbai. Instead of instructing a Delhi police officer to execute the warrant, the Delhi Court forwards it to the Commissioner of Police, Mumbai, who ensures its execution.
Example 2: Bail Decision by Receiving Court
If a warrant is executed outside the jurisdiction, the receiving Court must assess whether bail should be granted. The issuing Court provides case details and supporting documents to assist in this decision.
Common Questions and Answers on Section 80 BNSS
1. Why is Section 80 BNSS important?
- It enables efficient execution of warrants across different jurisdictions, preventing accused persons from evading the law.
2. Can a warrant be executed without sending supporting documents?
- No. Under Sub-section (2), the issuing Court must send case details and relevant documents to assist the receiving Court in handling bail matters.
3. Who executes the warrant in another jurisdiction?
- The Executive Magistrate, District Superintendent of Police, or Commissioner of Police in the jurisdiction where the accused is located.
4. What if the receiving authority does not endorse the warrant?
- The warrant may remain unexecuted unless properly endorsed by the designated officer. However, the issuing Court can escalate the matter to ensure compliance.
5. Can an accused challenge a warrant executed under Section 80?
- The accused can challenge the warrant or the bail decision in Court, but the execution process remains valid as long as it follows legal procedures.
Conclusion
Section 80 BNSS is crucial for the nationwide enforcement of warrants, allowing Courts to coordinate with law enforcement authorities in different jurisdictions. By ensuring proper transmission of warrants and providing necessary case details, this section prevents accused individuals from escaping legal action due to jurisdictional limitations.
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