Criminal Procedure | Arrest Warrants
Section 73 CrPC: Warrant May Be Directed to Any Person
Section 73 of the Code of Criminal Procedure, 1973 empowered specified Magistrates to direct arrest warrants to persons other than police officers in defined circumstances. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 75.
Section 73 CrPC: Text of the Provision
(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.
Section 75 BNSS: Corresponding Provision
Section 75 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled "Warrant may be directed to any person", substantially retains the three-part rule of Section 73 CrPC. Its subsection (3) refers to Section 73 BNSS for taking security, instead of Section 71 CrPC.
Meaning and Scope of the Law
Who may issue the warrant?
The power under this specific provision belongs to a Chief Judicial Magistrate or a Magistrate of the first class. It is a judicial power and does not independently authorize a private person to issue an arrest warrant.
Against whom may the warrant be issued?
The provision identifies three categories: an escaped convict, a proclaimed offender, or a person accused of a non-bailable offence who is evading arrest. An escaped convict is a convicted person who has escaped lawful custody; a proclaimed offender is a person formally declared as such through the applicable legal procedure; a non-bailable offence is an offence classified as non-bailable under the applicable law.
Who may execute the warrant?
The Magistrate may direct the warrant to a person within the Magistrate's local jurisdiction. The recipient must acknowledge receipt in writing and execute the warrant when the wanted person is on, or enters, land or property under that recipient's charge. This is a limited statutory authority, not a general power for private citizens to arrest anyone.
What happens after arrest?
The arrested person and warrant must be handed over to the nearest police officer. The officer must arrange production before a Magistrate having jurisdiction, unless security is accepted in accordance with the applicable provision: Section 71 CrPC or Section 73 BNSS.
CrPC Section 73 and BNSS Section 75: Key Points
- Issuing authority: Chief Judicial Magistrate or first-class Magistrate.
- Eligible persons: Escaped convicts, proclaimed offenders, and accused persons evading arrest in non-bailable offences.
- Recipient: A person within the Magistrate's local jurisdiction.
- Written acknowledgment: Required from the warrant recipient.
- After arrest: Transfer to the nearest police officer for production before the competent Magistrate, subject to the statutory security exception.
Related Legal Provisions
Section 71 CrPC - Power to direct security to be taken corresponds to Section 73 BNSS. Section 72 CrPC - Warrants to whom directed corresponds to Section 74 BNSS. These provisions should be read together when considering execution of warrants and security for appearance.
Official Legal Sources
Read the Bureau of Police Research and Development's BNSS text and comparison material and consult the India Code official legislation portal for the authoritative legislation and any subsequent changes.
Frequently Asked Questions
Can an arrest warrant be directed to a private person?
Yes. A competent Magistrate may direct a warrant to a person within the local jurisdiction under the specific conditions in Section 75 BNSS (formerly Section 73 CrPC).
Does Section 73 CrPC remain the current provision?
Section 75 BNSS is the corresponding current provision from 1 July 2024, subject to applicable transitional and saving rules for older proceedings.
Must the recipient acknowledge the warrant?
Yes. The person to whom the warrant is directed must acknowledge its receipt in writing.
Can the recipient keep the arrested person in custody?
No general detention power is created. The arrested person must be handed over with the warrant to the nearest police officer for the required judicial process.
This article provides general legal information. Application of the law depends on the facts, court orders and applicable procedural regime.