Chapter VI
Section 74 CrPC: Warrant directed to police officer
New Law Update (2024)
Section 86 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
A warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.
Important Sub-Sections Explained
Landmark Judgements
Manoj Narain v. State of Uttar Pradesh (2009):
The Allahabad High Court emphasized that the endorsement of a warrant under Section 74 CrPC is a mandatory requirement for lawful execution by a police officer other than the one to whom it was originally directed. Any execution without such proper endorsement would be deemed irregular.
Bikash Saha v. State of West Bengal (2018):
The Calcutta High Court reiterated the strict interpretation of Section 74 CrPC, holding that for a warrant directed to a police officer to be executed by another officer, the name of the latter must be specifically endorsed on the warrant by the officer to whom it was initially issued or endorsed. This ensures accountability and adherence to procedural safeguards.