Section 76 BNSS: Warrant directed to police officer (Formerly Section 74 CrPC)

Section 76 of Bharatiya Nagarik Suraksha Sanhita, 2023: Warrant directed to police officer

Official Bare Act Text

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

A warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.

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

Arrest Sec 35

Legal Commentary & Landmark Judgments: Section 76

Section 76 regulates warrants directed to police officers, providing that a warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.

Police Warrant Endorsement: Warrant directed to an individual police officer or station in-charge.
Subsequent Endorsement: May be delegated to another officer by endorsing their name on the physical warrant.
Chain of Authority: Ensures that the executing officer possesses visible written authority from the primary addressee.

Key Landmark Precedents:

Kartar Singh v. State of Punjab (1994) 3 SCC 569: The Supreme Court emphasised that statutory endorsements maintain accountability and legitimacy in police arrest executions.
State of U.P. v. Ram Swarup (1974) 4 SCC 764: Affirmed that unendorsed execution by arbitrary subordinates is procedurally defective.

Courtroom Practice & Strategic Litigation Guidance:

If the arresting officer is not the person named on the warrant and has no endorsement on the warrant document, challenge the arrest as an unauthorized detention.