📢 Too many exams? Don’t know which one suits you best? Book Your Free Expert 👉 call Now!


    Question

    Section 76 BNSS provides that a warrant directed to any

    police officer—
    A Must be executed only by that officer. Correct Answer Incorrect Answer
    B May also be executed by another police officer whose name is endorsed on the warrant. Correct Answer Incorrect Answer
    C Cannot be transferred under any circumstance. Correct Answer Incorrect Answer
    D Must be countersigned by a Magistrate for delegation. Correct Answer Incorrect Answer
    E Requires re-issuance by the Court. Correct Answer Incorrect Answer

    Solution

    This answer is based on Section 76 of the BNSS (which corresponds to Section 74 of the old CrPC). 1. The Statutory Provision (Section 76 BNSS) The section is titled "Warrant directed to police officer". It explicitly allows for the delegation of the execution of a warrant within the police force to ensure efficiency. The text states: "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." 2. The Procedure of Endorsement

    • Primary Direction: The Court issues a warrant directed to a specific officer (e.g., SHO of a Police Station) or to police officers generally.
    • Delegation: If the officer to whom it is directed cannot execute it personally, they can authorize a subordinate or colleague to do so.
    • Method: This authorization is done by writing the name of the other officer on the warrant (endorsement). No fresh order from the Magistrate is needed for this specific transfer between police officers.

    Practice Next
    ask-question