(1) A warrant of arrest shall ordinarily be directed to one or more police officers; but the Court issuing such a warrant may, if its immediate execution is necessary and no police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same. (2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more of them.
Bharatiya Nagarik Suraksha Sanhita
Section 74
Warrants to whom directed
Englishहिंदी
⚡ Quick Answer Reference: Section 74 BNSS
- Provision: Section 74 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL APPEARANCE
- Jurisdiction: India
- Summary: A warrant of arrest is usually given to police officers, but if none are available and immediate action is needed, it can be given to other persons who must then execute it.
Statutory Content
What does Section 74 of BNSS say?
Indian StandardSection 74, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 74 (India)
Court Pleading StandardSection 74 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/74
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
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).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose
What does Section 74 of BNSS mean?
Plain English Explanation
A warrant of arrest is usually given to police officers, but if none are available and immediate action is needed, it can be given to other persons who must then execute it.
Practical Interpretation
In practice, this section allows for flexibility in the execution of arrest warrants, ensuring that justice is served promptly even when police officers are not readily available.
Core Legal Purpose
The core purpose is to facilitate the efficient execution of arrest warrants by allowing courts to direct them to available persons when immediate action is necessary.
Key Legal Elements
- •The warrant of arrest must ordinarily be directed to one or more police officers.
- •The court must deem immediate execution necessary and no police officer must be immediately available for the warrant to be directed to other persons.
- •The key legal test is the necessity for immediate execution and the availability of police officers.
- •The key exception is when no police officer is immediately available, allowing the warrant to be directed to other persons.
Practical Example
Practical Example of Section 74 BNSS
Rajesh, a suspect in a criminal case, is to be arrested. The court issues a warrant of arrest but finds that no police officers are immediately available to execute it. Given the urgency of the situation, the court directs the warrant to Amit, a nearby citizen who is then legally obligated to execute the arrest. This ensures the prompt execution of the warrant despite the unavailability of police officers.
Common Questions (FAQ)
Frequently Asked Questions about Section 74 BNSS
Q: What is the punishment or consequence under Section 74 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 the execution of warrants by police officers or, under certain conditions, by private individuals to whom the warrant is directed.
Q: Is an offence under this section bailable or cognizable?
This section does not define an offence but rather outlines a procedural aspect of warrant execution, thus it does not classify an offence as bailable or cognizable.
People Also Ask (PAA)
Common Questions about Section 74 BNSS
What is Section 74 of BNSS?
Section 74 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Warrants to whom directed". In plain terms: A warrant of arrest is usually given to police officers, but if none are available and immediate action is needed, it can be given to other persons who must then execute it.
What is the punishment under Section 74 of BNSS?
Section 74 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 74 of BNSS bailable or non-bailable?
Whether Section 74 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 74 of BNSS?
The essential elements of Section 74 of BNSS are: The warrant of arrest must ordinarily be directed to one or more police officers.; The court must deem immediate execution necessary and no police officer must be immediately available for the warrant to be directed to other persons.; The key legal test is the necessity for immediate execution and the availability of police officers..
Landmark Case Laws
Landmark Judgments under Section 74 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Related Sections
Commonly Cited Alongside
Sections commonly cited alongside Section 74
Query this section with AI
Ask Nyaya AI About Section 74
Select a pre-configured prompt to run this section through the grounded research engine.
Contextual Workflows