Section 38 CrPC - Aid to a Person Executing a Warrant
Section 38 of the Code of Criminal Procedure, 1973 permitted a person to assist someone other than a police officer who was executing a warrant, subject to specific conditions. Its corresponding current provision is Section 32 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Text of Section 38 of the CrPC, 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.
Corresponding provision: Section 32 BNSS, 2023
Section 32 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is titled Aid to person, other than police officer, executing warrant. It retains the same operative wording as the former Section 38 CrPC.
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.
Meaning and essential conditions
This provision recognises that a warrant may be addressed to someone who is not a police officer. It permits another person to provide assistance in executing that warrant, but only when the statutory conditions are met:
- Warrant addressed to a non-police officer: The warrant must be directed to a person other than a police officer.
- Person executing the warrant is nearby: The person named in the warrant must be near at hand.
- Actual execution: That person must be acting in execution of the warrant when the assistance is given.
- Assistance within lawful limits: The section permits aid in execution; it does not independently confer unrestricted powers or authorise action beyond the warrant and applicable law.
Is assistance mandatory?
The word "may" in Section 38 CrPC and Section 32 BNSS indicates permission to assist under the stated circumstances. This differs from the duty to assist a Magistrate or police officer upon a reasonable demand in specified circumstances under Section 37 CrPC, now Section 31 BNSS.
Practical example
If a valid warrant is addressed to an authorised person who is not a police officer, a nearby individual may help that person carry out the warrant while the authorised person remains near at hand and is actually executing it. The helper cannot rely on this provision to execute the warrant independently after the named person has left.
Related legal provisions
Section 36 CrPC concerns the powers of superior police officers (Section 30 BNSS). Section 37 CrPC concerns public assistance to Magistrates and police (Section 31 BNSS). Section 39 CrPC concerns information about specified offences (Section 33 BNSS).
Official statutory references
For the authoritative legislation and any amendments, consult the Bureau of Police Research and Development - New Criminal Laws, the Ministry of Home Affairs - New Criminal Laws, and the BNSS text published by BPR&D (PDF).