Bharatiya Nagarik Suraksha Sanhita

Section 76

Warrant directed to police officer

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⚡ Quick Answer Reference: Section 76 BNSS

Provision: Section 76 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: PROCESSES TO COMPEL APPEARANCE
Jurisdiction: India
Summary: A warrant directed to a police officer can be executed by another police officer whose name is endorsed on the warrant. This means if a warrant is given to one officer, another officer can carry it out if their name is added to it.

Statutory Content

What does Section 76 of BNSS say?

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.

Indian StandardSection 76, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 76 (India)

Court Pleading StandardSection 76 of the Bharatiya Nagarik Suraksha Sanhita

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

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Section Meaning & Purpose

What does Section 76 of BNSS mean?

Plain English Explanation

A warrant directed to a police officer can be executed by another police officer whose name is endorsed on the warrant. This means if a warrant is given to one officer, another officer can carry it out if their name is added to it.

Practical Interpretation

In practical terms, this section allows for flexibility in the execution of warrants. If an officer is unavailable or unable to carry out a warrant, another officer can take over, as long as their name is added to the warrant.

Core Legal Purpose

The core purpose of this section is to ensure that warrants are executed efficiently and effectively, even if the original officer is not available. It allows for a degree of flexibility in the execution of warrants, while maintaining accountability and oversight.

Key Legal Elements

•A warrant must be directed to a police officer.
•The name of another police officer must be endorsed on the warrant.
•The endorsed officer must be a police officer.
•There is no key exception or limitation under this section, as it is a procedural provision.

Practical Example

Practical Example of Section 76 BNSS

Rajesh, a police officer, is on leave and unable to execute a warrant. His colleague, Priya, is assigned to execute the warrant. Priya's name is endorsed on the warrant by the officer who originally directed it to Rajesh. Priya can now execute the warrant, as her name is added to it. This ensures that the warrant is executed efficiently and effectively, even in the absence of the original officer.

Common Questions (FAQ)

Frequently Asked Questions about Section 76 BNSS

Q: What is the punishment or consequence under Section 76 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 police officers and the execution of warrants, which is a public entity-related provision.

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

This section is a procedural provision and does not relate to criminal offenses, so it is neither bailable nor cognizable.

Common Questions about Section 76 BNSS

What is Section 76 of BNSS?

Section 76 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Warrant directed to police officer". In plain terms: A warrant directed to a police officer can be executed by another police officer whose name is endorsed on the warrant. This means if a warrant is given to one officer, another officer can carry it out if their name is added to it.

What is the punishment under Section 76 of BNSS?

Section 76 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 76 of BNSS bailable or non-bailable?

Whether Section 76 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 76 of BNSS?

The essential elements of Section 76 of BNSS are: A warrant must be directed to a police officer.; The name of another police officer must be endorsed on the warrant.; The endorsed officer must be a police officer..

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