BNSS Section 74 – Warrants To Whom Directed.
Code
(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: Warrants To Whom Directed
This section of the BNSS (Bharatiya Nagarik Suraksha Sanhita) deals with the execution of arrest warrants. It outlines the following key points:
- General Rule: Ordinarily, arrest warrants are directed to police officers.
- Exceptions: In situations where immediate execution is crucial and no police officer is readily available, the court can issue the warrant to any other person(s).
- Multiple Officers/Persons: If the warrant is directed to multiple individuals, it can be executed by all or any individual(s) among them.
Illustration:
Imagine a situation where a court issues an arrest warrant for a dangerous criminal. The police officers assigned to execute the warrant are unavailable at the moment. However, the court believes immediate action is necessary to prevent potential harm. In this case, the court could direct the warrant to a civilian who is present and willing to execute it. This civilian would then have the legal authority to apprehend the criminal.
Common Questions and Answers: Warrants To Whom Directed
Q: Who can execute an arrest warrant?
A: Normally, police officers. In urgent situations, the court can direct it to other individuals.
Q: Can a civilian execute an arrest warrant?
A: Yes, if the court deems it necessary and no police officer is available.
Q: Can multiple people execute the same warrant?
A: Yes, if the warrant is directed to multiple individuals, any or all of them can execute it.
