CrPC Section 79
CrPC Section 79 – Warrant directed to police officer for execution outside jurisdiction
This section deals with how a warrant of arrest is executed when the person to be arrested is outside the local jurisdiction of the court or police officer who issued/received it.
Key Points:
Warrant beyond local jurisdiction
When a court issues a warrant of arrest, it is usually addressed to the police of its own jurisdiction.
But if the person is in another district or jurisdiction, the warrant must be executed outside the issuing officer’s area.
Endorsement by local police
The police officer holding the warrant must take it to the police officer in charge of a police station within the area where the accused is found.
That local officer must endorse (sign/approve) the warrant and assist in executing it.
Responsibility
The police officer who holds the warrant cannot just arrest someone in another district directly.
He must go through the local police officer of that district, who will then execute the warrant or allow its execution.
Purpose of this rule
To avoid misuse of power by outside police officers.
To maintain cooperation and accountability among police forces of different jurisdictions.
To ensure the person’s arrest is legally valid and properly documented.
Example
Suppose a Magistrate in Delhi issues a warrant against a man who is hiding in Lucknow (U.P.).
A Delhi police officer cannot directly arrest him in Lucknow.
The Delhi officer must take the warrant to the Station House Officer (SHO) of the concerned police station in Lucknow.
The Lucknow SHO will endorse it, and then the arrest will be carried out lawfully.
Conclusion
Section 79 CrPC ensures that arrest warrants are executed lawfully outside the issuing jurisdiction. It makes cooperation between different police jurisdictions mandatory and prevents arbitrary arrests by outside police without local oversight.
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