Section 79 CrPC: Warrant directed to police officer for execution outside jurisdiction
Code of Criminal Procedure, 1973
Section 79 CrPC at a Glance
Section 79 CrPC deals with warrant directed to police officer for execution outside jurisdiction. From 1 July 2024 it is replaced by Section 81 BNSS.
What Section 79 CrPC Says
79. Warrant directed to police officer for execution outside jurisdiction
(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.
Source: Section 79, Code of Criminal Procedure, 1973
Section 79 CrPC in Simple Words
Section 79 of the Code of Criminal Procedure, 1973 deals with a warrant directed to a police officer that is to be executed beyond the local jurisdiction of the Court issuing it. Under Section 79(1) CrPC, the police officer shall ordinarily take the warrant 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.
Under Section 79(2) CrPC, such endorsement shall be sufficient authority to the police officer to whom the warrant is directed to execute the warrant, and the local police shall, if so required, assist such officer. Under Section 79(3) CrPC, the police officer may execute the warrant without such endorsement where there is reason to believe that the delay occasioned by obtaining it will prevent such execution.
When Section 79 CrPC Applies
- Section 79(1) CrPC applies to a warrant directed to a police officer that is to be executed beyond the local jurisdiction of the Court issuing it.
- The police officer ordinarily takes the warrant for endorsement 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.
- Such endorsement is sufficient authority to the police officer to whom the warrant is directed to execute the warrant.
- The local police shall, if so required, assist the police officer in executing the warrant.
- The police officer to whom the warrant is directed may execute it without endorsement where there is reason to believe that the delay occasioned by obtaining the endorsement will prevent such execution.
Example of Section 79 CrPC
When Section 79 CrPC Does Not Apply
- Section 79(1) CrPC speaks of a warrant directed to a police officer. It does not deal with a warrant forwarded by the Court to an Executive Magistrate or District Superintendent of Police or Commissioner of Police.
- Section 79(2) CrPC speaks of assistance by the local police to the police officer to whom the warrant is directed. It does not deal with the grant of bail.
Section 79 CrPC Under BNSS 81: What Changed
Section 79 CrPC is now covered under Section 81 BNSS.
Section 79 CrPC became Section 81 BNSS from 1 July 2024. Both have the same heading and the same text. The section number and the name of the Act differ. Neither section refers to another section.
View detailed comparison (CrPC 79 vs BNSS 81) →FAQs on Section 79 CrPC
What must a police officer do under Section 79(1) CrPC?▼
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.
What is the effect of the endorsement under Section 79(2) CrPC?▼
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. The local police shall, if so required, assist such officer in executing such warrant.
When may the police officer execute the warrant without endorsement under Section 79(3) CrPC?▼
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.
Where is Section 79 CrPC found in the BNSS from 1 July 2024?▼
Section 79(1) CrPC is found in Section 81(1) BNSS, Section 79(2) CrPC in Section 81(2) BNSS and Section 79(3) CrPC in Section 81(3) BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·