What Is BNSS Section 74?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 74: Warrants to whom directed

(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.

Brefe Detail

Section 74 outlines the protocol for directing warrants of arrest. Generally, warrants are directed to police officers, but the Court can direct them to other individuals if immediate execution is needed and no police officers are available. Additionally, if multiple officers or persons are directed, the warrant can be executed by any combination of them.

Question & Answers

Q: To whom is a warrant of arrest ordinarily directed?

A: A warrant of arrest is ordinarily directed to one or more police officers.

Q: What can the Court do if immediate execution of a warrant is necessary and no police officer is available?

A: The Court may direct the warrant to any other person or persons, who shall then execute it.

Q: Can a warrant directed to multiple officers be executed by just one?

A: Yes, a warrant directed to more than one officer or person can be executed by any one or more of them.

Example

1. Scenario 1: A Court issues a warrant of arrest for a suspect. No police officers are available at the moment, so the Court directs the warrant to a local community leader, who then executes the warrant.

2. Scenario 2: A warrant is directed to three police officers. Any one of the officers can execute the warrant independently, or all three can execute it together.

Summary

Section 74 establishes that warrants of arrest are typically directed to police officers but can also be assigned to other individuals when necessary. Multiple officers or individuals can execute the warrant either together or individually, ensuring flexibility in enforcement.