(1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest. (2) Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued, is in, or enters on, any land or other property under his charge. (3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 73.
Bharatiya Nagarik Suraksha Sanhita
Section 75
Warrant may be directed to any person
Englishहिंदी
⚡ Quick Answer Reference: Section 75 BNSS
- Provision: Section 75 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL APPEARANCE
- Jurisdiction: India
- Summary: The Chief Judicial Magistrate or a Magistrate of the first class can issue a warrant to anyone within their local jurisdiction to arrest someone who has escaped, is a proclaimed offender, or is accused of a non-bailable offence and is evading arrest.
Statutory Content
What does Section 75 of BNSS say?
Indian StandardSection 75, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 75 (India)
Court Pleading StandardSection 75 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/75
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 75 of BNSS mean?
Plain English Explanation
The Chief Judicial Magistrate or a Magistrate of the first class can issue a warrant to anyone within their local jurisdiction to arrest someone who has escaped, is a proclaimed offender, or is accused of a non-bailable offence and is evading arrest.
Practical Interpretation
This section allows for the issuance of a warrant to anyone within the local jurisdiction of the Chief Judicial Magistrate or a Magistrate of the first class, enabling them to arrest individuals who have escaped, are proclaimed offenders, or are accused of non-bailable offences and are evading arrest.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for the issuance of warrants to facilitate the arrest of individuals who have escaped, are proclaimed offenders, or are accused of non-bailable offences and are evading arrest, thereby ensuring public safety and upholding the rule of law.
Key Legal Elements
- •The Chief Judicial Magistrate or a Magistrate of the first class must be within their local jurisdiction.
- •The person to be arrested must be an escaped convict, proclaimed offender, or accused of a non-bailable offence and be evading arrest.
- •The warrant must be acknowledged in writing by the person to whom it is directed.
- •The person to whom the warrant is directed must execute it if the person for whose arrest it was issued is in or enters any land or property under their charge.
Practical Example
Practical Example of Section 75 BNSS
Rajesh, a police officer, is tasked with arresting Amit, who is accused of a non-bailable offence and has been evading arrest. Rajesh obtains a warrant from the Chief Judicial Magistrate, who has jurisdiction over the area where Amit is believed to be hiding. The warrant is directed to Priya, the owner of the land where Amit is hiding. Priya acknowledges the receipt of the warrant in writing and executes it, allowing Rajesh to arrest Amit. Amit is then taken before a Magistrate having jurisdiction in the case.
Common Questions (FAQ)
Frequently Asked Questions about Section 75 BNSS
Q: What is the punishment or consequence under Section 75 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 both private individuals and public entities, as it is directed to any person within the local jurisdiction of the Chief Judicial Magistrate or a Magistrate of the first class.
Q: Is an offence under this section bailable or cognizable?
This section does not classify the offence as bailable or cognizable, as it is a procedural provision and does not prescribe a penal punishment.
People Also Ask (PAA)
Common Questions about Section 75 BNSS
What is Section 75 of BNSS?
Section 75 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Warrant may be directed to any person". In plain terms: The Chief Judicial Magistrate or a Magistrate of the first class can issue a warrant to anyone within their local jurisdiction to arrest someone who has escaped, is a proclaimed offender, or is accused of a non-bailable offence and is evading arrest.
What is the punishment under Section 75 of BNSS?
Section 75 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 75 of BNSS bailable or non-bailable?
Whether Section 75 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 75 of BNSS?
The essential elements of Section 75 of BNSS are: The Chief Judicial Magistrate or a Magistrate of the first class must be within their local jurisdiction.; The person to be arrested must be an escaped convict, proclaimed offender, or accused of a non-bailable offence and be evading arrest.; The warrant must be acknowledged in writing by the person to whom it is directed..
Landmark Case Laws
Landmark Judgments under Section 75 BNSS
Related Sections
Commonly Cited Alongside
Sections commonly cited alongside Section 75
Query this section with AI
Ask Nyaya AI About Section 75
Select a pre-configured prompt to run this section through the grounded research engine.
Contextual Workflows