Section 79 BNSS: Where warrant may be executed (Formerly Section 77 CrPC)

Section 79 of Bharatiya Nagarik Suraksha Sanhita, 2023: Where warrant may be executed

Official Bare Act Text

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

A warrant of arrest may be executed at any place in India.

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

Charge Sec 2(1)(b) Police Station Sec 2(1)(q) Arrest Sec 35

Legal Commentary & Landmark Judgments: Section 79

Section 79 provides that a warrant of arrest may be executed at any place in India, confirming the nationwide territorial reach of judicial arrest warrants issued by criminal courts.

Pan-India Operation: A warrant issued by any competent criminal court in India may be executed anywhere within the territory of India.
Inter-State Applicability: Overcomes state and provincial borders in tracking and arresting fleeing offenders.
Coordination with Local Law Enforcement: Execution must conform to transit and local jurisdictional procedures under Sections 80 to 83 BNSS.

Key Landmark Precedents:

Raghuvansh Dewanchand Bhasin v. State of Maharashtra (2012) 9 SCC 791: The Supreme Court explained that judicial warrants have national currency, but their execution across state borders requires strict adherence to institutional accountability.
State of Haryana v. Bhajan Lal (1992) Supp 1 SCC 335: Affirmed that criminal process issued by a competent court operates pan-India to prevent felons from finding jurisdictional sanctuaries.

Courtroom Practice & Strategic Litigation Guidance:

While the warrant is valid throughout India, an out-of-state police party executing the warrant must report to the local police station and produce the arrestee before the nearest local Magistrate for transit remand under Section 83 BNSS.