Code: Section 76 BNSS
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
Explanation of Section 76 BNSS
Section 76 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, provides flexibility in the execution of arrest warrants. It allows a police officer, who receives a warrant, to authorize another officer by endorsing their name on the warrant.
Key Aspects of Section 76 BNSS
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Delegation of Authority – If an arrest warrant is issued to a specific police officer, they can authorize another officer to execute it.
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Endorsement Requirement – The endorsing officer must record the name of the alternate officer on the warrant.
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Ensures Efficient Execution – This provision prevents delays in arresting accused persons, even if the originally assigned officer is unavailable.
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Legal Accountability – The alternate officer must execute the warrant as per legal provisions and cannot act beyond its scope.
Illustration of Section 76 BNSS
Example 1: Endorsing Another Officer to Execute a Warrant
A Magistrate issues an arrest warrant against Ramesh and directs it to Inspector Verma. However, Inspector Verma is unavailable.
He endorses the name of Sub-Inspector Kumar on the warrant.
Sub-Inspector Kumar executes the arrest as per legal procedure.
Example 2: Violation of Section 76 BNSS
A police officer hands over a warrant to a colleague without endorsing their name. The second officer arrests the accused without proper authorization.
This is a violation of Section 76 BNSS as no official endorsement was made.
The arrest may be challenged in Court for non-compliance with legal procedure.
Common Questions and Answers on Section 76 BNSS
1. Can any police officer execute a warrant issued to another officer?
❌ No. Only a police officer whose name is officially endorsed on the warrant can execute it.
2. Why is an endorsement required for another officer to execute the warrant?
✅ The endorsement ensures legal accountability and prevents unauthorized officers from making arrests.
3. Can a higher-ranking officer execute a warrant without endorsement?
❌ No, even a higher-ranking officer must be officially endorsed on the warrant before executing it.
4. What happens if a police officer executes a warrant without an endorsement?
✅ The arrest can be challenged in Court as unlawful, and the officer may face disciplinary action.
Conclusion
Section 76 BNSS ensures that arrest warrants are executed efficiently while maintaining legal oversight. By allowing the endorsement of another officer’s name, this provision prevents delays while ensuring the rule of law is followed.
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