Indian Criminal Procedure | Updated October 2026
Section 78 CrPC and Section 80 BNSS: Warrant Outside Jurisdiction
Section 78 of the Code of Criminal Procedure, 1973 (CrPC), addressed the forwarding of arrest warrants for execution outside the local jurisdiction of the issuing court. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is Section 80, in force from 1 July 2024. The procedure helps courts coordinate the lawful execution of warrants across jurisdictions.
What does forwarding a warrant outside jurisdiction mean?
A court may issue a warrant that needs to be executed in an area outside its ordinary territorial jurisdiction. Instead of assigning it to a police officer within its own jurisdiction, the court may forward the warrant to an appropriate authority in the place where execution is required. This procedure facilitates coordination between the issuing court and local authorities.
Section 78 CrPC: statutory provision
Sub-section (1): forwarding and endorsement
When a warrant is to be executed outside the local jurisdiction of the issuing court, that court may forward it by post or otherwise to an Executive Magistrate, District Superintendent of Police or Commissioner of Police within the jurisdiction where it is to be executed. The receiving authority endorses their name on the warrant and, if practicable, arranges its execution in the prescribed manner.
Sub-section (2): accompanying information
The issuing court must forward the substance of the information against the person to be arrested, together with any documents sufficient to enable the court acting under Section 81 CrPC to decide whether bail should be granted.
Section 80 BNSS: current corresponding law
Section 80(1) BNSS retains the mechanism for sending the warrant to an Executive Magistrate, District Superintendent of Police or Commissioner of Police in the receiving jurisdiction, with endorsement and execution where practicable.
Section 80(2) BNSS requires the issuing court to send the substance of the information and supporting documents needed for a bail decision under Section 83 BNSS. This is the updated section reference corresponding to Section 81 CrPC.
The statutory provision can be checked in the official NCRB-hosted BNSS text and the Bureau of Police Research and Development publication.
How the process works
- Issuing court: Determines that the warrant needs to be executed beyond its local jurisdiction.
- Forwarding: Sends the warrant by post or another suitable method to the competent Executive Magistrate, District Superintendent of Police or Commissioner of Police in the destination area.
- Endorsement: The receiving authority endorses the warrant and, if practicable, causes it to be executed.
- Supporting papers: The issuing court forwards the substance of allegations and relevant documents for consideration of bail by the competent authority or court.
- Post-arrest procedure: The person arrested must be dealt with under the applicable rules on production, transfer and bail, including Sections 78, 82 and 83 BNSS as relevant.
Practical illustration
Suppose a court in Delhi issues a warrant and the person sought is believed to be in Jaipur. The Delhi court may forward the warrant to the competent authority in Jaipur under Section 80 BNSS. The receiving authority can endorse the warrant and arrange execution where practicable. The issuing court must also provide the information and documents required for the relevant bail decision. The warrant does not itself dispense with statutory arrest safeguards.
Related provisions and safeguards
Section 79 BNSS (formerly Section 77 CrPC) provides that an arrest warrant may be executed anywhere in India. Section 81 BNSS (formerly Section 79 CrPC) addresses warrants directed to police officers for execution outside jurisdiction. Section 82 BNSS (formerly Section 80 CrPC) deals with the procedure following an arrest outside the issuing district. Section 83 BNSS (formerly Section 81 CrPC) governs the procedure before the authority dealing with the arrested person, including applicable bail considerations.
Separate safeguards also apply, including notification of the substance of the warrant under Section 77 BNSS and production without unnecessary delay under Section 78 BNSS, subject to its statutory travel-time exception.
Frequently asked questions
What is the equivalent of Section 78 CrPC under BNSS?
Section 80 BNSS is the corresponding provision governing warrants forwarded for execution outside jurisdiction.
Can an arrest warrant be executed in another state?
Yes. Section 79 BNSS permits execution anywhere in India, while Sections 80 and 81 BNSS provide procedures for coordination and execution outside the issuing court's jurisdiction.
Who may receive a warrant forwarded under Section 80 BNSS?
An Executive Magistrate, District Superintendent of Police or Commissioner of Police within the jurisdiction where the warrant is to be executed.
Why must supporting documents accompany the warrant?
They provide the information needed for a bail determination under Section 83 BNSS where that provision applies.
Does forwarding the warrant automatically deny bail?
No. Bail is determined under the applicable statutory provisions and circumstances. Forwarding a warrant is a procedure for its execution, not an independent decision on bail.
Official legal references
Consult the India Code legislative database, the NCRB BNSS statutory text and the BPRD BNSS reference PDF for the enacted law and relevant amendments.
This article provides general legal information and does not replace advice on the facts of a particular case.