Code:
(1) When a warrant directed to a police officer is to be executed beyond the local jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either to an Executive Magistrate or to a police officer not below the rank of an officer in charge of a police station, within the local limits of whose jurisdiction the warrant is to be executed.
(2) Such Magistrate or police officer shall endorse his name thereon and such endorsement shall be sufficient authority to the police officer to whom the warrant is directed to execute the same, and the local police shall, if so required, assist such officer in executing such warrant.
(3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the Magistrate or police officer within whose local jurisdiction the warrant is to be executed will prevent such execution, the police officer to whom it is directed may execute the same without such endorsement in any place beyond the local jurisdiction of the Court which issued it.
Explain the Code:
This section empowers a police officer to execute a warrant issued by a Magistrate within his jurisdiction, even if the warrant needs to be executed outside his territorial jurisdiction.
This power is granted under certain specific circumstances.
- When the warrant is for the arrest of a person: If the officer has reason to believe that the person against whom the warrant is issued is within the area outside his jurisdiction, he can execute the warrant.
- When the warrant is for the seizure of property: If the officer has reason to believe that the property mentioned in the warrant is within the area outside his jurisdiction, he can execute the warrant.
- When the warrant is for the production of documents: If the officer has reason to believe that the documents mentioned in the warrant are within the area outside his jurisdiction, he can execute the warrant.
However, the officer must inform the Magistrate within whose jurisdiction the warrant is being executed, and obtain his permission before executing the warrant.
Illustrate:
Imagine a police officer in Delhi is given a warrant for the arrest of a person who is suspected to be in Mumbai. The Delhi police officer can execute the warrant in Mumbai, but he must inform the Mumbai Magistrate and obtain his permission beforehand.
Common Questions and Answers:
Q. Can a police officer execute a warrant outside his jurisdiction without any permission?
A. No, a police officer must obtain permission from the Magistrate within whose jurisdiction the warrant is to be executed.
Q. What happens if the officer executes the warrant without permission?
A. The officer may be held liable for exceeding his jurisdiction.
Q. Does the officer need to obtain permission from the issuing Magistrate as well?
A. The officer must obtain permission from the Magistrate within whose jurisdiction the warrant is to be executed, not necessarily the issuing Magistrate.
