BNSS Section 80: Execution of Warrants Outside Jurisdiction
Code:
(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:
This section outlines the procedure for executing warrants issued by a court outside its local jurisdiction. When a warrant needs to be executed in a different location, the issuing court can forward it to an appropriate authority in the target jurisdiction. This authority, usually an Executive Magistrate, District Superintendent of Police, or Commissioner of Police, will then execute the warrant.
Illustration:
- A court in Delhi issues a warrant for the arrest of an individual residing in Mumbai.
- Instead of directly sending the warrant to a police officer in Mumbai, the Delhi court can forward it to the Commissioner of Police, Mumbai.
- The Commissioner of Police will then endorse the warrant and ensure its execution as per the provisions of the BNSS.
Key Points:
- The issuing court must forward the warrant along with the information about the case and relevant documents to the authority in the target jurisdiction.
- This ensures that the authority has sufficient information to make a decision about granting bail, if applicable.
- The receiving authority has to endorse the warrant and ensure its execution.
Common Questions and Answers:
Q: Why is it necessary to forward the warrant to another authority?
A: This ensures that the execution of the warrant is conducted by a competent authority within the jurisdiction where the arrest is to be made.
Q: What happens if the person to be arrested is not found in the target jurisdiction?
A: The receiving authority will report back to the issuing court with the outcome of the execution attempt.
Q: What happens if the person to be arrested requests bail?
A: The receiving authority will decide on bail based on the information provided by the issuing court.
