Chapter VI
Section 78 CrPC: Warrant forwarded for execution outside jurisdiction
New Law Update (2024)
Section 81 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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 81 to decide whether bail should or should not be granted to the person.
Important Sub-Sections Explained
Section 78(1) CrPC
This sub-section outlines how a court can send an arrest warrant to an Executive Magistrate or senior police officer in a different geographical area for execution, allowing for cross-jurisdictional enforcement.
Section 78(2) CrPC
It mandates that the court issuing the warrant must also forward the basic details of the case and relevant documents to the receiving authority, specifically to help them decide whether the arrested person should be granted bail.