BNSS Code 76: Warrant Directed To Police Officer
Code:
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:
This provision outlines the flexibility in executing warrants issued to specific police officers. It states that while a warrant is typically directed towards a particular officer, it can also be executed by another police officer if their name is endorsed on the warrant by the original recipient. This endorsement serves as authorization for the alternative officer to execute the warrant.
Illustration:
Imagine a situation where a warrant for the arrest of an individual is issued to Inspector Sharma. However, Inspector Sharma is unavailable at the time of execution. In this case, Inspector Singh can execute the warrant if Inspector Sharma endorses his name on the warrant, authorizing him to proceed.
Common Questions and Answers:
Q: What is the purpose of this provision?
A: This provision ensures that the execution of warrants is not hindered by the unavailability of the originally designated officer. It allows for flexibility and smooth operation by enabling other officers to execute the warrant with appropriate authorization.
Q: Is there any specific procedure for endorsement?
A: The code doesn’t specify a formal procedure. However, the endorsement should be clear and unambiguous, typically including the name of the new executing officer, date, and signature of the original recipient.
Q: Can any police officer execute a warrant with endorsement?
A: No, the endorsement must be by the officer to whom the warrant is directed or endorsed, authorizing a specific other officer to execute the warrant.
