Bharatiya Nagarik Suraksha Sanhita, 2023
Section 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.
Why this exists
This provision continues a long-standing colonial-era mechanism (originally in the Code of Criminal Procedure) recognizing that police cannot always be physically present when a wanted fugitive appears on someone's land, especially in rural or estate settings. Landholders, caretakers, or property managers were historically deputized as a practical extension of state power to prevent escaped convicts or dangerous absconders from slipping away simply because no police officer was nearby.
Common misconceptions
- Myth: Only police officers can ever be given arrest warrants.
Fact: Under this section, magistrates can direct warrants to private individuals too, in specific situations involving escaped convicts, proclaimed offenders, or non-bailable offense evaders. - Myth: A private person given such a warrant can arrest the wanted person anywhere.
Fact: The obligation to execute the warrant applies specifically when the wanted person is on, or enters, land or property under that private person's control — not anywhere in general.