Warrant forwarded for execution outside jurisdiction
Section 78 of the Code of Criminal Procedure, 1973 deals with warrant forwarded for execution outside jurisdiction. When a warrant is to be executed outside the local jurisdiction of the Court issuing it, such Court may, instead of directing the warrant to a police officer within its jurisdiction, forward it by post or otherwise to any Executive Magistrate or District Superintendent of Police or Commissioner of P The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(1) When a warrant is to be executed outside the local jurisdiction of the Court issuing it, such Court may, instead of directing the warrant to a police officer within its jurisdiction, forward it by post or otherwise to any Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be executed ; and the Executive Magistrate or District Superintendent or Commissioner shall endorse his name thereon, and if practicable, cause it to be executed in the manner hereinbefore provided.
(2) The Court issuing a warrant under sub-section (1) shall forward, along with the warrant, the substance of the information against the person to be arrested together with such documents, if any, as may be sufficient to enable the Court acting under section 81 to decide whether bail should or should not be granted to the person.
Section 78, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 80 Warrant forwarded for execution outside jurisdiction Text carried over almost unchanged 98%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Mohd. Miyazan vs State of U.p.
Court's Decision & Legal Precedent
When an application is made under Section 78-B Cr.P.C. to summon a witness whose evidence is of formal character (such as a medical professional with prescriptions under his hand and seal), the trial court must consider and apply Section 296 Cr.P.C., which grants the court discretion to summon and examine such persons on application of the accused. The trial court cannot summarily reject such applications without providing reasoned orders that address the statutory framework provided under Section 296 Cr.P.C. The High Court, in exercise of its revisional jurisdiction under Section 482 Cr.P.C., can direct the trial court to reconsider such applications with proper application of law.
On this section: Application for summoning witnesses in criminal trials
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Sanjeev Chandra Sinha vs Tajamul Islam
Court's Decision & Legal Precedent
A High Court may stay coercive action on a non-bailable warrant issued by a subordinate court when the petitioner demonstrates willingness to appear voluntarily on the fixed date, as this serves the interests of justice without compromising the enforcement of the lower court's order.
On this section: Non-bailable warrant issuance and execution; the court considered whether to interfere with the warrant issued under this section
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… for his attendance before the Court issuing the warrants, the officer to whom the warrant is directed to be executed can take such security and release the person, if such person against whom warrants are executed, gives a bond with sufficient sureties undertaking to appear before the Court issuing the warrant. Section 78 of the Code of Criminal Procedure Code is as $14.$ follows: 78. Warrant forwarded for execution outside jurisdiction: When a warrant is to be executed outside the local $(1)$ jurisdiction of the Court issuing it, such Court may, instead of directing the warrant to a police officer within its jurisdiction, …
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… It is not known whether any non-bailable warrant was issued by the trial court against the absconding accused by complying with the procedure under Section 78 of the Code of Criminal Procedure. 9. The petitioner has prayed for issuing a writ of mandamus to the second respondent to issue look out circular against the accused. It is trite that, in order to issue a writ of mandamus, there shall be a duty cast upon the person to whom it is issued or such person has a …
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… Learned counsel for the petitioner further submits that the learned Magistrate while issuing the warrant of arrest has failed to notice the statutory provisions prescribed under Sections 73 and 78 of the Code of Criminal Procedure (hereinafter referred to as the 'Code'). There was no valid reason or justification stated in the applications submitted by the Investigating Officer on the basis of which learned Chief Judicial Magistrate, Araria could have allowed the prayer and directed for issuance of warrant of …
Questions about Section 78
What have the courts held on Section 78 of the Code of Criminal Procedure?
Mohd. Miyazan vs State of U.p. (25 Jan 2019) is the leading judgment on this section among those set out below: Application for summoning witnesses in criminal trials. Another 1 judgment on this section is set out below.
How do I find court cases under Section 78 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 78, section 78 CRPC, section 78 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Mohd. Miyazan vs State of U.p. (25 Jan 2019).
What should I read with Section 78 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 81 (Procedure by Magistrate before whom such person arrested is brought), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 80 (Warrant forwarded for execution outside jurisdiction), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 78 of the Code of Criminal Procedure come into force?
Section 78 of the Code of Criminal Procedure, cited as CRPC 78, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.