B.--Warrant of arrestCentral

Section 79 of The Code of Criminal Procedure, 1973

(1)When a warrant directed to a police officer is to be executed beyond the local jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either to an Executive Magistrate or to a police officer not below the rank of an officer in charge of a police station, within the local limits of whose jurisdiction the warrant is to be executed.
(2)Such Magistrate or police officer shall endorse his name thereon and such endorsement shall be sufficient authority to the police officer to whom the warrant is directed to execute the same, and the local police shall, if so required, assist such officer in executing such warrant.
(3)Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the Magistrate or police officer within whose local jurisdiction the warrant is to be executed will prevent such execution, the police officer to whom it is directed may execute the same without such endorsement in any place beyond the local jurisdiction of the Court which issued it.

Summary

When a police officer takes a warrant to a different area for an arrest, they normally must get it approved by a local official.
This approval is an endorsement where a local Magistrate or a high ranking police officer signs the warrant.
The local police are required to help the visiting officer make the arrest if the officer asks for assistance.
If waiting for this signature would let the suspect escape, the officer can make the arrest without the local approval.

Practical examples

1Officer Kiran is sent from Delhi to Jaipur with a warrant. Upon arriving, Kiran goes to the local police station to get the station chief to sign the warrant before going to the suspect's house.

2Officer Ravi sees the suspect at a train station in another town. Ravi realizes that if he goes to find a local Magistrate for a signature, the suspect will board the train and vanish, so Ravi makes the arrest immediately.

FAQ

1. Who can sign a warrant from another district under Section 79 of the Code of Criminal Procedure?

Under Section 79 of the Code of Criminal Procedure, 1973, an Executive Magistrate or a police officer not below the rank of an officer in charge of a station can sign the warrant.

2. Are local police required to help out of town officers under Section 79 of the 1973 Act?

Yes, under Section 79 of the 1973 Act, local police shall assist the visiting officer in making the arrest if they are required to do so.

3. When can a police officer skip getting a signature in a new district under Section 79 of the Criminal Procedure Code?

Under Section 79 of the Criminal Procedure Code, an officer can skip the signature if they believe the delay will prevent the arrest.

Test yourself

Q1.Under Section 79 of the Code of Criminal Procedure, 1973, which police rank is the minimum required to endorse a warrant from another district?

Q2.What is the effect of an endorsement made under Section 79 of the 1973 Code?

Q3.Under Section 79 of the Code of Criminal Procedure, 1973, when may a police officer arrest a person in another district without a local signature?

Q4.If a visiting officer needs help making an arrest under Section 79 of the 1973 Act, what must the local police do?

78PreviousSection 78 Warrant forwarded for execution outside jurisdiction.80NextSection 80 Procedure on arrest of person against whom warrant issued.

←Section 78 Section 80→