Section 74 BNSS: Warrants to whom directed (Formerly Section 72 CrPC)

Section 74 of Bharatiya Nagarik Suraksha Sanhita, 2023: Warrants to whom directed

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) A warrant of arrest shall ordinarily be directed to one or more police officers; but the Court issuing such a warrant may, if its immediate execution is necessary and no police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same.

(2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more of them.

Legal Commentary & Landmark Judgments: Section 74

Section 74 regulates to whom warrants of arrest shall be directed, establishing that a warrant of arrest shall ordinarily be directed to one or more police officers, but may be directed to any other person in emergencies.

Direction to Police Officers: Warrants are ordinarily directed to one or more police officers for execution.
Execution by Any Officer: May be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it was directed.
Immediate Necessity Exception: Court may direct the warrant to any other person if immediate arrest is necessary and no police officer is immediately available.

Key Landmark Precedents:

State of Karnataka v. K.A. Kunchindammed (2002) 9 SCC 90: Affirmed that endorsement of warrants among police officers preserves the chain of lawful authority.
Inder Mohan Goswami v. State of Uttaranchal (2007) 12 SCC 1: Highlighted that execution of warrants by designated officers must strictly follow statutory procedural commands.

Courtroom Practice & Strategic Litigation Guidance:

Check the reverse of the warrant. If a constable arrested the accused, verify that the Station House Officer (to whom the warrant was originally directed) formally endorsed the constable's name on the warrant under Section 74(2).