BNSS Section 79
Code:
A warrant of arrest may be executed at any place in India.
Explanation:
This section empowers law enforcement officers to execute arrest warrants anywhere within the territorial boundaries of India. It implies that the geographical limitations of the warrant’s issuance do not restrict its execution. Therefore, even if a warrant is issued in one state, it can be executed in any other state within India.
Illustration:
Suppose a warrant is issued for the arrest of a person in Delhi for a crime committed there. If the accused is located in Mumbai, the warrant can be executed in Mumbai by the police there. This is because Section 79 allows for the execution of warrants anywhere in India.
Common Questions and Answers:
Q: Can a warrant be executed outside of India?
A: No, Section 79 only allows for warrant execution within India. For execution outside India, extradition procedures would be required.
Q: What if the accused is found in a foreign country?
A: In such a case, the Indian authorities would need to pursue extradition through diplomatic channels.
Q: Does this section apply to all types of arrest warrants?
A: Yes, it applies to all types of arrest warrants, including warrants for bailable offenses, non-bailable offenses, and warrants for production before the court.
