Code
(1) When a warrant is to be executed outside the local jurisdiction of the Court issuing it, such Court may, instead of directing the warrant to a police officer within its jurisdiction, forward it by post or otherwise to any Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be executed; and the Executive Magistrate or District Superintendent or Commissioner shall endorse his name thereon, and if practicable, cause it to be executed in the manner hereinbefore provided.
(2) The Court issuing a warrant under sub-section (1) shall forward, along with the warrant, the substance of the information against the person to be arrested together with such documents, if any, as may be sufficient to enable the Court acting under section 81 to decide whether bail should or should not be granted to the person.
Explanation
This section outlines the procedure for executing warrants issued by a court in one jurisdiction within the territory of another jurisdiction. It states that a warrant issued by a court can be executed by a police officer within the jurisdiction of that court, but also by a police officer in another jurisdiction if certain conditions are met.
The main conditions are:
- The warrant must be endorsed by a Magistrate of the jurisdiction where the execution is to take place.
- The endorsement must be authenticated by the seal of the Magistrate’s court.
The officer executing the warrant in the other jurisdiction must also:
- Send a report to the issuing court about the execution of the warrant.
- Produce the person arrested or the property seized before the issuing court.
Illustration
Let’s say a court in Delhi issues an arrest warrant for a person residing in Mumbai. A police officer in Delhi cannot execute this warrant in Mumbai without the necessary procedures outlined in Section 78. To execute the warrant in Mumbai, a Magistrate in Mumbai must endorse the warrant and authenticate it with their court’s seal. A police officer in Mumbai can then execute the warrant, after which they must send a report to the Delhi court and produce the arrested person before that court.
Common Questions and Answers
Q. What happens if a warrant is executed without proper endorsement?
A. Such execution would be illegal, and any subsequent arrest or seizure would be invalid. The person arrested could be released, and the seized property may be returned.
Q. Can a warrant issued by a court in India be executed in a foreign country?
A. No, Section 78 only applies within India. For executing warrants in foreign countries, different procedures and agreements between countries are required.
Q. What is the purpose of Section 78?
A. Section 78 ensures that warrants can be executed efficiently across jurisdictions, preventing criminals from escaping justice by fleeing to other parts of the country.
