Section 75 BNSS: Warrant may be directed to any person (Formerly Section 73 CrPC)

Section 75 of Bharatiya Nagarik Suraksha Sanhita, 2023: Warrant may be directed to any person

Official Bare Act Text

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

(1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest.

(2) Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued, is in, or enters on, any land or other property under his charge.

(3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 73.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Arrest Sec 35

Legal Commentary & Landmark Judgments: Section 75

Section 75 empowers a Chief Judicial Magistrate or a Magistrate of the first class to direct a warrant to any person within their local jurisdiction for the arrest of any escaped convict, proclaimed offender, or person accused of a non-bailable offence.

Competent Issuing Magistrate: Issued by CJM or Magistrate First Class.
Permitted Target Class: Restricted to: (1) escaped convicts; (2) proclaimed offenders; or (3) persons accused of a non-bailable offence who are evading arrest.
Duty of Apprehension: The private person to whom the warrant is directed must execute it upon the offender entering their land or property.

Key Landmark Precedents:

State of M.P. v. Pradeep Sharma (2014) 2 SCC 166: Noted that coercive processes against proclaimed offenders include specialized warrants under Section 73 CrPC (Section 75 BNSS).
Emperor v. Lachhu AIR 1928 Pat 566: Held that warrants directed to private individuals must strictly specify the statutory category of escaped convict or proclaimed offender.

Courtroom Practice & Strategic Litigation Guidance:

A warrant under Section 75 cannot be issued against an ordinary citizen accused of a bailable offence or someone who has not been declared an evading non-bailable accused or proclaimed offender.