Section 72 CrPC - Warrants to Whom Directed (BNSS Section 74)
Section 72 of the Code of Criminal Procedure, 1973 (CrPC), titled Warrants to whom directed, specified who could be authorised by a court to execute an arrest warrant. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is Section 74, effective from 1 July 2024.
Current law: Section 74 of BNSS, 2023
Section 74, titled Warrants to whom directed, retains the two-part rule governing the persons to whom a court may direct an arrest warrant. Ordinarily, the warrant is directed to one or more police officers. Only when immediate execution is necessary and no police officer is immediately available may the issuing court direct the warrant to another person or persons.
If the warrant is addressed to multiple officers or persons, it can be executed by all of them or by any one or more of them.
Section 72 CrPC: statutory text
Section 72(1) - Persons to whom a warrant may be directed
A warrant of arrest shall ordinarily be directed to one or more police officers; but the Court issuing such a warrant may, if its immediate execution is necessary and no police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same.
Section 72(2) - Execution by multiple addressees
When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more of them.
Meaning and practical application
Ordinary rule: direction to police officers
A court ordinarily addresses an arrest warrant to one or more police officers. The provision concerns who is authorised to execute the warrant; it does not by itself decide whether the warrant should be issued.
Exception: direction to another person
The issuing court may address the warrant to a person other than a police officer only where immediate execution is necessary and no police officer is immediately available. Both statutory conditions matter. This is a judicial authorisation, not a general permission for private individuals to make arrests.
Warrant addressed to more than one person
Under subsection (2), a warrant directed to multiple officers or authorised persons need not be executed jointly by every addressee. Any one or more of them may execute it, subject to the warrant and applicable procedural safeguards.
CrPC Section 72 and BNSS Section 74: which law applies?
The BNSS came into force on 1 July 2024 and repealed the CrPC, subject to the saving and transitional provisions in Section 531 of the BNSS. The applicable procedure for a particular matter may depend on when proceedings began and the statutory savings. Section 74 BNSS is the corresponding provision for warrants under the new procedural law; Section 72 CrPC remains relevant to proceedings to which the former Code continues to apply.
The operative wording of Section 74 BNSS is materially the same as Section 72 CrPC.
Official legislation and references
Read the Ministry of Home Affairs - New Criminal Laws for the official BNSS text, and the Bureau of Police Research and Development BNSS text and comparison. For the earlier Code, consult the India Code legislative database.
Frequently asked questions
What does Section 72 CrPC provide?
It states that an arrest warrant is ordinarily directed to police officers, but the court may direct it to another person if immediate execution is necessary and no police officer is immediately available.
What is the equivalent of Section 72 CrPC under BNSS?
Section 74 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Can one officer execute a warrant addressed to several officers?
Yes. Under subsection (2), any one or more of the addressees may execute the warrant.
Can a court direct an arrest warrant to a private person?
Yes, but only in the exceptional circumstances specified by the section, and the court must direct the warrant to that person.
This article provides general legal information and is not a substitute for advice on a particular case.