Section 81: Warrant Directed To Police Officer For Execution Outside Jurisdiction
Code: Section 81 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation: This section deals with the execution of warrants issued by a court beyond its local jurisdiction. It outlines the procedure for obtaining endorsement for a warrant and provides an exception for immediate execution in urgent situations.
Procedure for Endorsement
- When a warrant needs to be executed outside the issuing court’s jurisdiction, the police officer must obtain an endorsement.
- The endorsement can be obtained from either an Executive Magistrate or a police officer in charge of a police station within the jurisdiction where the warrant is to be executed.
- The endorsing authority will sign their name on the warrant, authorizing its execution.
- Local police in the jurisdiction where the warrant is to be executed are obligated to assist in its execution if required.
Exception for Urgent Situations
- If obtaining an endorsement would delay the execution and hinder its purpose, the police officer can execute the warrant without endorsement.
- This exception applies only when there is a genuine belief that delay would prevent the execution.
Illustration: Warrant Directed To Police Officer For Execution Outside Jurisdiction
A warrant is issued by a court in Delhi for the arrest of an individual residing in Mumbai. The police officer in Delhi, to execute the warrant in Mumbai, needs to obtain an endorsement from either a Mumbai Magistrate or a police officer in charge of a Mumbai police station. The endorsement would authorize the Delhi police officer to execute the warrant in Mumbai.
Common Questions and Answers: Warrant Directed To Police Officer For Execution Outside Jurisdiction
- Q: What happens if a police officer executes a warrant without endorsement in a non-urgent situation?
- A: The execution of the warrant may be deemed invalid, and the police officer could face legal consequences.
- Q: Who is responsible for ensuring the warrant is properly endorsed?
- A: The police officer executing the warrant is responsible for obtaining the necessary endorsement.
- Q: What are the grounds for believing that delay would prevent execution?
- A: This could include situations where the suspect is likely to flee, evidence could be tampered with, or a crime is ongoing.
