CrPC Section 77: Warrant Execution Locations
1. State the code:
Section 77 of the Code of Criminal Procedure, 1973 (CrPC) deals with the execution of warrants. It outlines the permissible locations where warrants can be executed.
2. Explain it:
This section empowers a police officer to execute a warrant within the territorial limits of the court that issued the warrant. However, there are specific exceptions where the officer can execute the warrant beyond those limits.
The exceptions are as follows:
- If the warrant is for the arrest of a person who is found within the jurisdiction of another court.
- If the warrant is for the arrest of a person who is escaping from the jurisdiction of the issuing court.
- If the warrant is for the arrest of a person who is residing or carrying on business within the jurisdiction of another court.
- If the warrant is for the search of a place within the jurisdiction of another court.
- If the warrant is for the seizure of property within the jurisdiction of another court.
3. Illustrate it:
Imagine a warrant for the arrest of a person is issued by a court in Delhi. The accused is found hiding in Mumbai. The Delhi police officer can execute the arrest warrant in Mumbai under the exceptions provided in Section 77.
4. Common Questions and Answers:
Q: Can a warrant be executed beyond the jurisdiction of the issuing court under any circumstances?
A: Yes, under the exceptions mentioned in Section 77.
Q: What if the person named in the warrant is found in a foreign country?
A: Section 77 only applies within India. For execution of warrants in foreign countries, extradition procedures are required.
