Section 75 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Warrant May Be Directed To Any Person.

(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.

Explanation of Section 75 BNSS

Section 75 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, empowers a Chief Judicial Magistrate (CJM) or Magistrate of the first class to issue warrants of arrest for specific categories of individuals.

Key Aspects of Section 75 BNSS

1. Who Can Issue the Warrant?

   • A Chief Judicial Magistrate (CJM) or

   • A Magistrate of the first class

2. Who Can Be Arrested?

   • Escaped convicts (prisoners who have fled custody)

   • Proclaimed offenders (persons declared absconding under law)

   • Persons accused of non-bailable offenses who are evading arrest

3. Execution of Warrant

   • The person receiving the warrant must acknowledge it in writing.

   • If the accused is on land or property under the receiver’s charge, they must execute the arrest.

4. Procedure After Arrest

   • The arrested individual is handed over to the nearest police officer.

   • The police must present the person before a Magistrate having jurisdiction.

   • Exception: If security is provided under Section 73 BNSS, the accused may not need to be immediately produced before the Magistrate.

Illustration of Section 75 BNSS

Example 1: Arrest of an Escaped Convict

A prisoner convicted of robbery escapes from jail in Delhi.

• The Chief Judicial Magistrate issues a warrant to the head of a private security agency managing local premises.

• The security officer acknowledges the warrant in writing and arrests the convict when he enters a property under his charge.

• The convict is handed over to the nearest police officer, who presents him before the Magistrate.

Example 2: Proclaimed Offender Evading Arrest

A person accused of fraud and financial crimes has been declared a proclaimed offender under the law.

• The Magistrate issues a warrant to a village headman, as the offender is suspected to be hiding there.

• The village headman acknowledges the warrant and, upon locating the offender on his land, executes the arrest.

• The offender is handed over to the police, who produce him before the jurisdictional Magistrate.

Common Questions and Answers on Section 75 BNSS

1. Who can issue a warrant under Section 75 BNSS?

✅ A Chief Judicial Magistrate (CJM) or a Magistrate of the first class has the authority to issue such warrants.

2. Can a warrant under Section 75 be issued for any accused person?

❌ No, it can only be issued for:

• Escaped convicts

• Proclaimed offenders

• Persons accused of non-bailable offenses who are evading arrest

3. Can a private individual execute the warrant?

✅ Yes, if the warrant is directed to a specific person (e.g., a security officer, landowner, or other authority) within the Magistrate’s jurisdiction.

4. What happens after the arrest is made?

✅ The arrested person is handed over to the nearest police officer, who then takes them before a Magistrate unless security is provided under Section 73 BNSS.

5. What if the person refuses to acknowledge the warrant?

❌ The refusal to acknowledge does not invalidate the warrant, and legal action can be taken against non-compliance.

Conclusion

Section 75 BNSS ensures effective legal mechanisms to arrest escaped convicts, proclaimed offenders, and non-bailable accused persons evading the law. It grants power to Magistrates to issue warrants to specific individuals, ensuring swift execution while maintaining legal oversight.

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