Legal provisions regarding warrant forwarded for execution outside jurisdiction under section 78 of the Code of Criminal Procedure, 1973.
(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 herein before provided.
Image Source: glennhmason.com
ADVERTISEMENTS:
(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.
Sections 78 to 81 of the Code prescribe the detailed procedure for execution of warrants outside the local limits of the jurisdiction of the issuing Court. It is for the police officer to execute the warrant as directed and has no authority to endorse the same to some other police officer for execution.
Warrant directed to police officer for execution outside jurisdiction Section 79 of the Code of Criminal Procedure provides that:
(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.
ADVERTISEMENTS:
(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.