Section 38 CrPC: Aid to person, other than police officer, executing warrant

Code of Criminal Procedure, 1973

Section 38 CrPC at a Glance

Section 38 CrPC deals with aid to person, other than police officer, executing warrant. From 1 July 2024 it is replaced by Section 32 BNSS.

Now BNSS

Section 32 →

What Section 38 CrPC Says

38. Aid to person, other than police officer, executing warrant

When a warrant is directed to a person other than a police officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.

Source: Section 38, Code of Criminal Procedure, 1973

Section 38 CrPC in Simple Words

Section 38 of the Code of Criminal Procedure, 1973 deals with aid to a person, other than a police officer, executing a warrant. When a warrant is directed to a person other than a police officer, any other person may aid in the execution of such warrant. This is if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.

When Section 38 CrPC Applies

  • Section 38 of the Code of Criminal Procedure, 1973 deals with a warrant directed to a person other than a police officer.
  • Under Section 38 CrPC, any other person may aid in the execution of such warrant.
  • Under Section 38 CrPC, the person to whom the warrant is directed must be near at hand.
  • Under Section 38 CrPC, the person to whom the warrant is directed must also be acting in the execution of the warrant.

Example of Section 38 CrPC

A warrant is directed to Ramesh, who is not a police officer. Ramesh goes to execute the warrant, and Suresh, a neighbour of Ramesh, comes along. Ramesh is near at hand and acting in the execution of the warrant. Under Section 38 of the Code of Criminal Procedure, 1973, Suresh may aid in the execution of the warrant.

When Section 38 CrPC Does Not Apply

  • Section 38 of the Code of Criminal Procedure, 1973 speaks of a warrant directed to a person other than a police officer. It does not deal with a warrant directed to a police officer.

Section 38 CrPC Under BNSS 32: What Changed

Section 38 CrPC is now covered under Section 32 BNSS.

Section 38 of the Code of Criminal Procedure, 1973 became Section 32 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 32 BNSS has the same heading and the same text as Section 38 CrPC.

View detailed comparison (CrPC 38 vs BNSS 32) →

FAQs on Section 38 CrPC

Who may give aid in executing a warrant under Section 38 CrPC?▼

Under Section 38 of the Code of Criminal Procedure, 1973, when a warrant is directed to a person other than a police officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.

Does Section 38 CrPC say that a person must aid in executing a warrant?▼

No. Section 38 of the Code of Criminal Procedure, 1973 says that any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.

What must the person named in the warrant be doing when another person aids under Section 38 CrPC?▼

Under Section 38 of the Code of Criminal Procedure, 1973, the person to whom the warrant is directed must be near at hand and acting in the execution of the warrant.

Where is Section 38 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 38 CrPC is found in Section 32 BNSS, which has the same heading. Section 38 CrPC has no sub-sections, and maps as a whole to Section 32 BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 18 Oct 2026 ·