Section 78 CrPC: Warrant forwarded for execution outside jurisdiction

Code of Criminal Procedure, 1973

Section 78 CrPC at a Glance

Section 78 CrPC deals with warrant forwarded for execution outside jurisdiction. From 1 July 2024 it is replaced by Section 80 BNSS.

Now BNSS

Section 80 →

What Section 78 CrPC Says

78. Warrant forwarded for execution outside jurisdiction
(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.

Source: Section 78, Code of Criminal Procedure, 1973

Section 78 CrPC in Simple Words

Section 78 of the Code of Criminal Procedure, 1973 deals with a warrant to be executed outside the local jurisdiction of the Court issuing it. Under Section 78(1) CrPC, 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.

That Executive Magistrate or District Superintendent or Commissioner shall endorse his name thereon, and if practicable, cause it to be executed. Under Section 78(2) CrPC, the Court 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.

When Section 78 CrPC Applies

Section 78(1) CrPC applies to a Court issuing a warrant that is to be executed outside its local jurisdiction.
The Court may forward the warrant 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.
The Executive Magistrate or District Superintendent or Commissioner shall endorse his name on the warrant and, if practicable, cause it to be executed.
The Court issuing the warrant shall forward the substance of the information against the person to be arrested, with such documents, if any, as may be sufficient for the Court acting under Section 81 to decide whether bail should or should not be granted.

Example of Section 78 CrPC

A Court issues a warrant of arrest against Mohan, who is in another district. The Court forwards the warrant by post to District Superintendent of Police Rohan of that district. Rohan endorses the name Rohan on the warrant and, if practicable, causes it to be executed. With the warrant, the Court forwards the substance of the information against Mohan and such documents, if any, as may be sufficient for the Court acting under Section 81 CrPC to decide whether bail should or should not be granted to Mohan.

When Section 78 CrPC Does Not Apply

Section 78(1) CrPC speaks of a warrant forwarded by the Court to an Executive Magistrate or District Superintendent of Police or Commissioner of Police. It does not deal with a warrant directed to a police officer who takes it for endorsement.
Section 78(2) CrPC speaks of forwarding the substance of the information and documents. It does not deal with the decision on bail itself.

Section 78 CrPC Under BNSS 80: What Changed

Section 78 CrPC is now covered under Section 80 BNSS.

Section 78 CrPC became Section 80 BNSS from 1 July 2024. Both have the same heading and the same text, with one difference in a cross-reference. Section 80(2) BNSS refers to Section 83 where Section 78(2) CrPC referred to Section 81.

View detailed comparison (CrPC 78 vs BNSS 80) →

FAQs on Section 78 CrPC

What can the Court do under Section 78(1) CrPC?▼

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.

What must the Executive Magistrate or District Superintendent or Commissioner do under Section 78(1) CrPC?▼

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.

What must the Court forward with the warrant under Section 78(2) CrPC?▼

The Court issuing the warrant 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.

Where is Section 78 CrPC found in the BNSS from 1 July 2024?▼

Section 78(1) CrPC is found in Section 80(1) BNSS and Section 78(2) CrPC in Section 80(2) BNSS. Section 78(2) CrPC refers to Section 81 CrPC where Section 80(2) BNSS refers to Section 83 BNSS.

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