Section 81 of Bharatiya Nagarik Suraksha Sanhita, 2023: Warrant directed to police officer for execution outside jurisdiction

Bharatiya Nagarik Suraksha Sanhita, 2023 • Official Statutory Text & Practice Guide

Procedural Law
Statutory Mandate
Competent Criminal Court / Court of Session
Formerly Sec 79 CrPC
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 81

Section 81 prescribes the procedure when a warrant of arrest directed to a police officer is to be executed outside the local jurisdiction of the court issuing it, requiring the officer to take it for endorsement to an Executive Magistrate or police station in-charge of that area.

  • Police Officer Carrying Warrant: Police officer personally carries the warrant into a foreign district.
  • Local Endorsement Mandate: Officer must take it for endorsement to an Executive Magistrate or SHO within whose jurisdiction the warrant is to be executed.
  • Exigency Exception: May execute without prior endorsement only if there is reason to believe that delay will defeat the execution; must report to local police immediately thereafter.
Key Landmark Precedents:
  • Sandeep Kumar v. State (NCT of Delhi) 2019 SCC OnLine Del 11986: The Delhi High Court laid down detailed guidelines for inter-state arrest, holding that visiting police must seek local police assistance and make GD entries before arresting citizens.
  • D.K. Basu v. State of West Bengal (1997) 1 SCC 416: Reiterated that visiting police must inform local police control rooms and record reasons for dispensing with prior endorsement.
Courtroom Practice & Strategic Litigation Guidance:

In challenge to an inter-state arrest, cross-examine the arresting officer on the local General Diary (GD) entry. If the visiting police arrested the client without informing the local police station and failed to show urgency, the arrest violates Section 81.