CrPC Sections 73, 74 and 75: Warrant Directed to Any Person, Police Officer and Notification of Warrant
Sections 73, 74 and 75 of the Code of Criminal Procedure, 1973 formed part of Chapter VI dealing with processes to compel appearance. These provisions governed who could execute specified arrest warrants, how a warrant directed to a police officer could be executed by another officer, and the duty to inform an arrested person of the substance of the warrant.
Contents
Section 73 CrPC - Warrant may be directed to any person
Scope of the provision: Section 73 empowered the Chief Judicial Magistrate or a Magistrate of the first class to direct a warrant to a person within the Magistrate's local jurisdiction in specified circumstances.
Section 73(1): The power applied where the person sought to be arrested was an escaped convict, a proclaimed offender, or a person accused of a non-bailable offence who was evading arrest.
Section 73(2): The person receiving the warrant was required to acknowledge its receipt in writing and execute it if the person sought was in, or entered upon, land or other property under that person's charge.
Section 73(3): After arrest, the arrested person was to be handed over, together with the warrant, to the nearest police officer. The police officer was then required to cause the arrested person to be taken before a Magistrate having jurisdiction, unless security was taken under Section 71 CrPC.
In simple terms: Section 73 was a special enabling provision. It permitted a competent Magistrate to entrust execution of a warrant to a private person within the local jurisdiction when the statutory conditions were satisfied. It did not create a general power for private persons to arrest anyone merely because a warrant existed.
Section 74 CrPC - Warrant directed to police officer
Section 74 provided that a warrant directed to a police officer could also be executed by another police officer whose name was endorsed on the warrant by the officer to whom the warrant was directed or endorsed.
In simple terms: The provision allowed execution to be passed to another police officer through endorsement on the warrant. The endorsement connected the executing officer's authority to the warrant itself.
Section 75 CrPC - Notification of substance of warrant
Section 75 required the police officer or other person executing a warrant of arrest to notify the substance of the warrant to the person being arrested. If the arrested person required it, the executing officer or person had to show the warrant.
In simple terms: A person arrested under a warrant was entitled to be informed of the substance of that warrant and, on request, to see it. This requirement promoted transparency in the execution of judicial process.
Meaning and practical effect of Sections 73, 74 and 75 CrPC
Read together, these provisions dealt with three connected stages in execution of an arrest warrant. Section 73 identified circumstances in which a specified warrant could be directed to a person other than a police officer. Section 74 dealt with execution by another police officer through endorsement. Section 75 protected the arrested person's right to know the substance of the warrant and to see it when requested.
| CrPC provision | Subject | Core rule before 1 July 2024 |
|---|---|---|
| Section 73 | Warrant may be directed to any person | A CJM or Magistrate of the first class could direct a warrant to a person within local jurisdiction for the categories specified in the section. |
| Section 74 | Warrant directed to police officer | Another police officer could execute the warrant when properly endorsed by the officer to whom it was directed or endorsed. |
| Section 75 | Notification of substance of warrant | The executing officer or person had to notify the arrested person of the substance of the warrant and show it if required. |
Corresponding provisions under the BNSS from 1 July 2024
The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. The subject matter of former CrPC Sections 73, 74 and 75 is now found in BNSS Sections 75, 76 and 77 respectively. The wording of these three provisions is substantially carried forward, with the internal cross-reference in the provision corresponding to former Section 73 updated to the BNSS numbering.
| CrPC, 1973 | Corresponding BNSS, 2023 | Subject |
|---|---|---|
| Section 73 | Section 75 | Warrant may be directed to any person |
| Section 74 | Section 76 | Warrant directed to police officer |
| Section 75 | Section 77 | Notification of substance of warrant |
This page is a general legal information resource on the pre-BNSS CrPC provisions. The applicable procedural law can depend on the date and nature of the proceeding and the statutory savings provisions.