Bharatiya Nagarik Suraksha Sanhita

Section 32

Aid to person, other than police officer, executing warrant

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⚡ Quick Answer Reference: Section 32 BNSS

Provision: Section 32 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
Jurisdiction: India
Summary: If a warrant is given to someone other than a police officer, anyone else can help them carry it out if the person with the warrant is nearby and doing their job.

Statutory Content

What does Section 32 of BNSS say?

When a warrant is directed to a person other than a police officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.

Indian StandardSection 32, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 32 (India)

Court Pleading StandardSection 32 of the Bharatiya Nagarik Suraksha Sanhita

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗

✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).

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Section Meaning & Purpose

What does Section 32 of BNSS mean?

Plain English Explanation

If a warrant is given to someone other than a police officer, anyone else can help them carry it out if the person with the warrant is nearby and doing their job.

Practical Interpretation

This section allows any person to assist in the execution of a warrant, provided the warrant holder is present and actively executing the warrant. This provision is crucial in situations where the warrant holder may need additional assistance.

Core Legal Purpose

The core purpose of this section is to facilitate the execution of warrants by enabling any person to provide assistance to the warrant holder, thereby ensuring the effective enforcement of the law.

Key Legal Elements

•The warrant must be directed to a person other than a police officer.
•The person to whom the warrant is directed must be near at hand.
•The person to whom the warrant is directed must be acting in the execution of the warrant.
•There is no specific exception or limitation mentioned in this section.

Practical Example

Practical Example of Section 32 BNSS

Rajesh, a court officer, has a warrant to search the premises of a suspect. However, he needs additional assistance to search the premises thoroughly. Priya, a nearby resident, offers to help Rajesh in executing the warrant. Since Rajesh is present and actively executing the warrant, Priya can assist him in carrying out the search.

Common Questions (FAQ)

Frequently Asked Questions about Section 32 BNSS

Q: What is the punishment or consequence under Section 32 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment.

Q: Does this section apply to private individuals or public entities?

This section applies to any person, including private individuals and public entities, who may need to assist in the execution of a warrant.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.

Common Questions about Section 32 BNSS

What is Section 32 of BNSS?

Section 32 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Aid to person, other than police officer, executing warrant". In plain terms: If a warrant is given to someone other than a police officer, anyone else can help them carry it out if the person with the warrant is nearby and doing their job.

What is the punishment under Section 32 of BNSS?

Section 32 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 32 of BNSS bailable or non-bailable?

Whether Section 32 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 32 of BNSS?

The essential elements of Section 32 of BNSS are: The warrant must be directed to a person other than a police officer.; The person to whom the warrant is directed must be near at hand.; The person to whom the warrant is directed must be acting in the execution of the warrant..

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