Section 74 of The Code of Criminal Procedure, 1973
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.
Summary
- A warrant specifically given to one police officer can also be used by another officer.
- For this to be legal, the first officer must write the name of the second officer on the warrant.
- This process is called endorsement and transfers the legal authority to arrest.
Practical examples
FAQ
1. Can a warrant given to one officer be used by another under Section 74 of the 1973 Act?
Yes, Section 74 of The Code of Criminal Procedure, 1973 allows another officer to execute it if their name is written on it.
2. What is required for a police officer to transfer a warrant to another under Section 74 of the 1973 Code?
The officer must endorse (write) the name of the other officer on the warrant as per Section 74 of The Code of Criminal Procedure, 1973.
3. Does Section 74 of the 1973 Act apply to warrants sent to non-police persons?
No, Section 74 of The Code of Criminal Procedure, 1973 specifically refers to warrants directed to a police officer.
Test yourself
Q1.According to Section 74 of The Code of Criminal Procedure, 1973, how is authority transferred between police officers for a warrant?
Q2.Under Section 74 of the 1973 Code, who can endorse a warrant?
Q3.Does a warrant under Section 74 of The Code of Criminal Procedure, 1973 need a new seal when passed to another officer?
Q4.If Officer A gives a warrant to Officer B without writing B's name on it, is the arrest legal under Section 74 of the 1973 Act?