Section 74 CrPC - Warrant Directed to Police Officer
Section 74 of the Code of Criminal Procedure, 1973 explains when an arrest warrant addressed to one police officer can be executed by another police officer. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 76 BNSS.
Text of Section 74 CrPC
Section 74 - Warrant directed to police officer.
A warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.
Section 76 BNSS - Corresponding Current Provision
Section 76 of the Bharatiya Nagarik Suraksha Sanhita, 2023, also titled Warrant directed to police officer, provides:
A warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.
Thus, an arrest warrant addressed to a named police officer need not always be executed personally by that officer. Another police officer can execute it where the required endorsement of that officer's name has been made on the warrant.
Meaning and Explanation of the Provision
What is an arrest warrant?
An arrest warrant is a judicial direction authorising the arrest of the person identified in it, in accordance with the conditions and procedures prescribed by law. The issuing court determines the warrant; the police execute it as authorised.
What does endorsement mean?
For this provision, endorsement means the entry of another police officer's name on the warrant by the officer to whom the warrant was originally directed or by an officer to whom it was already endorsed. It provides the statutory basis for the newly named officer to execute the same warrant.
Who may execute an endorsed warrant?
The police officer originally named in the warrant may execute it. Another police officer may also execute it if that officer's name has been endorsed on the warrant in the manner specified by Section 74 CrPC or Section 76 BNSS, as applicable.
Essential Requirements
- There must be a warrant issued by a competent court and directed to a police officer.
- The name of the additional police officer must be endorsed on that warrant.
- The endorsement must be made by the officer to whom the warrant is directed or endorsed.
- The executing officer must follow the other applicable legal safeguards governing arrest and production before court.
The provision concerns who may execute a warrant; it does not itself dispense with judicial authorisation or create a general power for any person to make an arrest.
Practical Example
Suppose a court issues an arrest warrant addressed to Police Officer A. If Officer A endorses Police Officer B's name on the warrant, Officer B may execute it under the applicable provision. If Officer B is authorised through such an endorsement, the statutory language also permits endorsement onward in the manner it specifies. The validity of the warrant and other safeguards remain relevant.
CrPC Section 74 and BNSS Section 76
| Aspect | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Section | 74 | 76 |
| Heading | Warrant directed to police officer | Warrant directed to police officer |
| Purpose | Execution by another endorsed police officer | Execution by another endorsed police officer |
| Wording | Original provision | Same substantive wording |
| Application | Relevant to proceedings saved under transitional law | Current procedural framework from 1 July 2024, subject to savings |
Related Legal Provisions
- Section 72 CrPC / Section 74 BNSS: Warrants to whom directed - general rules about addressees of arrest warrants.
- Section 73 CrPC / Section 75 BNSS: Circumstances in which certain magistrates may direct warrants to persons other than police officers.
- Section 75 CrPC / Section 77 BNSS: Notification of the substance of a warrant to the person being arrested and production of the warrant on request.
- Section 76 CrPC / Section 78 BNSS: Production before court without unnecessary delay, subject to the statutory time limit.
- Section 531 BNSS: Repeal and savings governing the transition from the CrPC.
Frequently Asked Questions
Can a police officer other than the officer named in the warrant execute it?
Yes. Section 74 CrPC and Section 76 BNSS allow execution by another police officer whose name has been properly endorsed on the warrant.
Is Section 74 CrPC still the current section for this subject?
The corresponding provision in the BNSS is Section 76, effective from 1 July 2024. The CrPC may still apply to matters preserved by the savings provision in Section 531 BNSS.
Does endorsement permit arrest without a court-issued warrant?
No. This section governs the execution of an existing warrant; it does not replace the requirement for a lawful warrant where one is required.
Does endorsement remove the arrested person's procedural rights?
No. Applicable safeguards concerning notification of the warrant, arrest procedure and production before court continue to apply.
Official Legal References
Read the Bharatiya Nagarik Suraksha Sanhita, 2023 (official BPR&D PDF), including Sections 76 and 531. The India Code official legislation portal provides the text of central enactments, including the Code of Criminal Procedure, 1973 and BNSS, 2023. Refer to the applicable statute and any subsequent amendments when handling an individual case.
Last reviewed: 17 October 2026. This article provides general legal information and is not a substitute for advice on a specific case.