Bharatiya Nagarik Suraksha Sanhita (BNSS) provides a detailed framework for the issuance and execution of warrants. In this article, we will focus on the key provisions related to warrants under BNSS and will also briefly explore the distinctions between BNSS and the Criminal Procedure Code (CrPC) in this context.
Form of Warrant and Duration (Section 72):
Section 72 of BNSS outlines the form and duration of a warrant of arrest. Every warrant must be in writing, signed by the presiding officer, and bear the court's seal. Such a warrant remains in force until canceled by the issuing court or executed.
Power to Direct Security (Section 73 of BNSS):
BNSS grants the court the power to direct security in lieu of arrest. If a person executes a bond with sufficient sureties for attendance, the court may endorse this on the warrant. The endorsed warrant allows the officer to take security and release the person from custody.
Warrants to Whom Directed (Sections 74 and 75 of BNSS):
A warrant of arrest is ordinarily directed to one or more police officers (Section 74). However, if immediate execution is necessary and no police officer is available, BNSS allows the court to direct it to any person, and such person shall execute the warrant (Section 75).
Warrant Directed to Police Officer (Section 76 of BNSS):
A warrant directed to a police officer can be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.
Notification of Substance of Warrant (Section 77 of BNSS):
Executing officers are mandated to notify the substance of the warrant to the person to be arrested and show the warrant if required.
Prompt Appearance Before Court (Section 78 of BNSS):
Officers executing a warrant must promptly bring the arrested person before the court, subject to the provisions of section 73 of BNSS regarding security. The delay should not exceed twenty-four hours, excluding the time necessary for the journey from the place of arrest to the court.
Execution Anywhere in India (Section 79 of BNSS):
A warrant of arrest issued under BNSS can be executed at any place in India.
Execution Outside Jurisdiction (Sections 80, 81, and 82 of BNSS):
When a warrant is to be executed outside the local jurisdiction, BNSS provides procedures for forwarding it to an Executive Magistrate or District Superintendent of Police. If the arrest is made beyond the district, the person arrested is taken before the Magistrate or Superintendent of Police of the district in which the arrest occurred.
Procedure by Magistrate After Arrest (Sections 83 of BNSS):
The Executive Magistrate or District Superintendent, upon the person's arrest, directs removal to the court issuing the warrant. If the offence is bailable, the Magistrate can take bail or security, and if non-bailable, the Chief Judicial Magistrate or Sessions Judge may release the person on bail.
Differences Between BNSS and CrPC:
While both BNSS and CrPC govern the issuance and execution of warrants, BNSS introduces flexibility in directing warrants to individuals beyond police officers, empowering even Executive Magistrates for warrant execution.
Frequently Asked Questions (FAQs) on Warrants under BNSS:
Q1: What is the form of a warrant of arrest under Bharatiya Nagarik Suraksha Sanhita (BNSS)?
A1: Every warrant of arrest issued under BNSS must be in writing, signed by the presiding officer, and bear the court's seal. It can also be in electronic form, ensuring a modern approach.
Q2: How long does a warrant of arrest remain in force under BNSS?
A2: A warrant of arrest remains in force until it is canceled by the issuing court or until it is executed.
Q3: Can security be provided in lieu of arrest under BNSS?
A3: Yes, BNSS empowers the court to direct security in lieu of arrest. If a person executes a bond with sufficient sureties for attendance, the court may endorse this on the warrant, allowing the officer to take security and release the person from custody.
Q4: Who is a warrant of arrest ordinarily directed to under BNSS?
A4: Ordinarily, a warrant of arrest under BNSS is directed to one or more police officers. However, the court has the flexibility to direct it to any person if immediate execution is necessary and no police officer is available.
Q5: Can a warrant directed to a police officer be executed by another police officer?
A5: Yes, a warrant directed to a police officer can be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.
Q6: Is there a time limit for bringing the arrested person before the court?
A6: Yes, officers executing a warrant must promptly bring the arrested person before the court, and the delay should not exceed twenty-four hours, excluding the necessary travel time.
Q7: Can a warrant of arrest be executed anywhere in India under BNSS?
A7: Yes, a warrant of arrest issued under BNSS can be executed at any place in India.
Q8: What happens if a warrant needs to be executed outside the local jurisdiction?
A8: BNSS provides procedures for forwarding the warrant to an Executive Magistrate or District Superintendent of Police within the local jurisdiction where the arrest is to be made.
Q9: Can an arrested person be released on bail under BNSS?
A9: Yes, if the offence is bailable, the Magistrate, District Superintendent, or Commissioner may release the person on bail. For non-bailable offences, the Chief Judicial Magistrate or Sessions Judge may consider bail.
Q10: How does BNSS differ from CrPC regarding warrants?
A10: BNSS introduces flexibility in directing warrants beyond police officers, allowing even Executive Magistrates for execution. Additionally, BNSS emphasizes digital communication and modern procedures, aligning with advancements in the legal landscape.
Warrant under BNSS (Bharatiya Nagarik Suraksha Sanhita): Overview
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