CrPC Section 78
CrPC Section 78 – Warrant forwarded for execution outside jurisdiction
Purpose
This section deals with situations where a Court issues a warrant of arrest, but the person against whom the warrant is issued is outside the local jurisdiction of that Court. It provides a proper procedure for execution of such warrants in another district or state.
Provision
When a Court issues a warrant of arrest and it has to be executed outside its jurisdiction,
the Court may forward the warrant to the Executive Magistrate, District Superintendent of Police, or Commissioner of Police within whose jurisdiction the accused is located.
Along with the warrant, the Court must also send a duplicate copy of the warrant and a requisition (request) to the concerned officer, directing him to cause the arrest and produce the accused before the Court that issued the warrant.
The officer receiving the warrant is legally bound to execute it and ensure that the accused is arrested and sent to the issuing Court.
Key Points
A warrant can be executed beyond the issuing Court’s jurisdiction.
It ensures inter-district and inter-state cooperation between police and Magistrates.
The issuing Court must send the warrant properly endorsed and authenticated.
The local authority where the accused is found must execute the warrant without delay.
Example
Suppose a Magistrate in Delhi issues a warrant of arrest against a person who is hiding in Mumbai.
The Delhi Magistrate cannot directly enforce it in Mumbai.
He forwards the warrant to the Commissioner of Police, Mumbai, along with a requisition.
The Mumbai Police then arrests the person and arranges to send him before the Delhi Magistrate who issued the warrant.
In Short
Section 78 CrPC provides the procedure for executing arrest warrants outside the issuing Court’s jurisdiction.
It ensures smooth coordination between Courts and Police authorities across different districts/states.
It prevents accused persons from escaping justice by simply moving outside the jurisdiction.
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