Section 75 BNSS: Warrant May Be Directed to Any Person
Section 75 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) permits the Chief Judicial Magistrate or a Magistrate of the first class, in specified situations, to direct an arrest warrant to any person within the Magistrate's local jurisdiction. The provision deals with escaped convicts, proclaimed offenders and persons accused of non-bailable offences who are evading arrest.
The BNSS is Act No. 46 of 2023 and forms part of India's current criminal procedure framework. Section 75 should be read together with the surrounding provisions governing warrants, particularly Section 73, Section 74 and Section 76.
Text of Section 75 BNSS
75. Warrant may be directed to any person.
(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 73.
Meaning and Scope of Section 75
Section 75 creates a special method for execution of an arrest warrant. Instead of directing the warrant only through the ordinary police channel, the specified Magistrates may entrust it to another person within their local jurisdiction when the statutory conditions are satisfied.
The power is not framed as a general authority to direct any warrant to any private person. The provision identifies both the judicial officers who may exercise the power and the categories of persons against whom the warrant may be issued.
Who May Issue the Direction?
Under Section 75(1), the warrant may be directed by:
- the Chief Judicial Magistrate; or
- a Magistrate of the first class.
The person to whom the warrant is directed must be within the local jurisdiction of the Magistrate concerned.
Persons Who May Be Arrested Under Section 75
The provision applies to a warrant for the arrest of:
- an escaped convict;
- a proclaimed offender; or
- a person accused of a non-bailable offence who is evading arrest.
A non-bailable offence is an offence in which release on bail is not available as an absolute right merely on demand; bail is governed by the applicable statutory provisions and judicial discretion. Section 75 additionally requires that the accused be evading arrest where the warrant concerns a person accused of a non-bailable offence.
Duty of the Person Receiving the Warrant
Section 75(2) imposes two important duties. First, the person to whom the warrant is directed must acknowledge its receipt in writing. Second, that person must execute the warrant if the person sought to be arrested is present on, or enters upon, land or other property under the recipient's charge.
The connection with land or property under the recipient's charge limits the operational setting contemplated by sub-section (2). The provision therefore should be applied according to its precise statutory conditions rather than treated as a general power of private arrest.
Procedure After Arrest
Under Section 75(3), after arrest, the arrested person must be handed over, together with the warrant, to the nearest police officer. The police officer must then cause the arrested person to be taken before a Magistrate having jurisdiction in the case, unless security is taken under Section 73 BNSS.
Section 74 and Section 75 BNSS: Difference
| Provision | Main Rule |
|---|---|
| Section 74 BNSS | A warrant of arrest is ordinarily directed to one or more police officers, but in the circumstances stated in Section 74 it may be directed to another person or persons. |
| Section 75 BNSS | Allows the Chief Judicial Magistrate or a Magistrate of the first class to direct a warrant to any person within local jurisdiction for specified categories of persons sought to be arrested. |
Related BNSS Provisions
| Section | Subject |
|---|---|
| Section 72 | Form of warrant of arrest and duration. |
| Section 73 | Power to direct security to be taken. |
| Section 74 | Warrants to whom directed. |
| Section 76 | Warrant directed to police officer. |
| Section 77 | Notification of substance of warrant. |
| Section 78 | Person arrested to be brought before Court without delay. |
Frequently Asked Questions
Can a Magistrate direct a Section 75 warrant to a private person?
Yes. Section 75 expressly permits the Chief Judicial Magistrate or a Magistrate of the first class to direct the warrant to any person within local jurisdiction, but only for the categories and circumstances specified in the section.
Must the recipient acknowledge the warrant?
Yes. Section 75(2) requires a written acknowledgement of receipt.
What happens after the wanted person is arrested?
The arrested person and the warrant are to be handed over to the nearest police officer. The police officer must arrange production before a Magistrate having jurisdiction, unless security is taken under Section 73.
Does Section 75 apply to every accused person?
No. The provision specifically refers to an escaped convict, a proclaimed offender, or a person accused of a non-bailable offence who is evading arrest.
Official Legal Resources
For the authoritative text and official updates, consult the India Code database and the Ministry of Home Affairs - New Criminal Laws page.
Page reviewed for the current BNSS framework.