Section 73 CrPC: Warrant may be directed to any person

Code of Criminal Procedure, 1973

Section 73 CrPC at a Glance

Section 73 CrPC deals with warrant may be directed to any person. From 1 July 2024 it is replaced by Section 75 BNSS.

Now BNSS

Section 75 →

What Section 73 CrPC Says

73. Warrant may be directed to any person

(1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest.

(2) Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued, is in, or enters on, any land or other property under his charge.

(3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 71.

Source: Section 73, Code of Criminal Procedure, 1973

Section 73 CrPC in Simple Words

Section 73 of the Code of Criminal Procedure, 1973 deals with a warrant directed to any person. Under Section 73(1) CrPC, the Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within the local jurisdiction of that Magistrate for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest.

Under Section 73(2) CrPC, that person shall acknowledge in writing the receipt of the warrant. Under Section 73(3) CrPC, when the person against whom the warrant is issued is arrested, that person shall be made over with the warrant to the nearest police officer.

When Section 73 CrPC Applies

  • Under Section 73(1) CrPC, the Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within the local jurisdiction of that Magistrate.
  • The warrant is for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest.
  • Under Section 73(2) CrPC, the person to whom the warrant is directed shall acknowledge in writing the receipt of the warrant.
  • That person shall execute the warrant if the person for whose arrest it was issued is in, or enters on, any land or other property under the charge of that person.
  • Under Section 73(3) CrPC, when the person against whom the warrant is issued is arrested, that person shall be made over with the warrant to the nearest police officer.
  • The nearest police officer shall cause the person arrested to be taken before a Magistrate having jurisdiction in the case, unless security is taken under Section 71 CrPC.

Example of Section 73 CrPC

A Magistrate of the first class issues a warrant for the arrest of Ramesh, who is accused of a non-bailable offence and is evading arrest. Under Section 73(1) CrPC, the Magistrate directs the warrant to Sushil, a person within the local jurisdiction of the Magistrate. Under Section 73(2) CrPC, Sushil acknowledges in writing the receipt of the warrant, and shall execute it if Ramesh is in, or enters on, any land or other property under the charge of Sushil. Under Section 73(3) CrPC, when Ramesh is arrested, Sushil makes Ramesh over with the warrant to the nearest police officer, who shall cause Ramesh to be taken before a Magistrate having jurisdiction in the case, unless security is taken under Section 71 CrPC.

When Section 73 CrPC Does Not Apply

  • Section 73(1) CrPC speaks of a warrant directed to any person by the Chief Judicial Magistrate or a Magistrate of the first class. It does not deal with a warrant directed to a police officer, which Section 72 CrPC deals with.
  • Section 73(2) CrPC speaks of acknowledging in writing the receipt of a warrant. It does not deal with the form of the warrant, which Section 70 CrPC deals with.

Section 73 CrPC Under BNSS 75: What Changed

Section 73 CrPC is now covered under Section 75 BNSS.

Section 75 BNSS has the same heading and the same text as Section 73 CrPC. Section 75(3) BNSS refers to Section 73 BNSS where Section 73(3) CrPC referred to Section 71 CrPC.

View detailed comparison (CrPC 73 vs BNSS 75) →

FAQs on Section 73 CrPC

Who may direct a warrant to any person under Section 73 CrPC?▼

The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within the local jurisdiction of that Magistrate.

What must the person receiving the warrant do under Section 73 CrPC?▼

The person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued is in, or enters on, any land or other property under the charge of that person.

What happens after the person is arrested under Section 73 CrPC?▼

The person arrested shall be made over with the warrant to the nearest police officer, who shall cause the person to be taken before a Magistrate having jurisdiction in the case, unless security is taken under Section 71 CrPC.

Where is Section 73 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 73(1) CrPC is found in Section 75(1) BNSS, Section 73(2) CrPC in Section 75(2) BNSS and Section 73(3) CrPC in Section 75(3) BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

Have questions about Section 73 CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru →

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·