सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 79

Where warrant may be executed

Why this exists

This provision exists because crime and criminals do not stay confined to one district or state. Before laws like this, an arrest warrant issued by a local court might not be enforceable if the accused fled to another state, allowing offenders to escape justice simply by crossing a state border. By making warrants valid across all of India, the law ensures that a person cannot evade arrest merely by relocating, and it supports the smooth functioning of a unified criminal justice system across India's federal structure of states and union territories.

How courts read it

Courts have generally read this provision as affirming the pan-India validity of arrest warrants, while still requiring that procedural safeguards (like endorsement of the warrant by a local magistrate or police station under related provisions of the Sanhita, when execution happens outside the issuing court's jurisdiction) are followed. Judicial decisions under the predecessor provision in the Code of Criminal Procedure, 1973 emphasized that failure to follow the correct procedural steps for inter-state execution does not invalidate the arrest itself, but the requirement for proper endorsement remains a settled practical safeguard against misuse.

Common misconceptions
  • Myth: A warrant issued by a court in one state has no power in another state.
    Fact: Under this provision, a warrant of arrest is valid throughout India, and can be executed in any state or union territory, subject to related procedural rules for execution outside the issuing court's local area.
  • Myth: Moving to a different city or state can help someone avoid an arrest warrant.
    Fact: Since the warrant remains enforceable anywhere in India, relocating does not shield a person from arrest under it.