Introduction to Section 75 of BNSS
Section 75 of BNSS allows a Chief Judicial Magistrate or a Magistrate of the First Class to issue a warrant of arrest to any responsible person within their local area, instead of only to police officers. This section is mainly used when the accused is a proclaimed offender, an escaped convict, or has committed a non-bailable offence and is hiding or avoiding arrest. It gives legal authority to trusted individuals to help in law enforcement, especially in urgent or exceptional situations.
What is BNSS Section 75 ?
BNSS Section 75 gives the power to a Chief Judicial Magistrate or a First-Class Magistrate to issue an arrest warrant to any person (not just police) within their local area. This power is used especially when someone escapes from jail, is a proclaimed offender, or is accused of a serious (non-bailable) crime and is avoiding arrest.
BNSS Section of 75 in Simple Points
1. Warrant Can Be Issued to Any Person (Not Just Police)
The law allows a Magistrate to give a warrant not only to police but to any responsible person in their local area. This could include government officials or someone in authority who can help catch the accused.
Example: A forest officer can be given a warrant to catch an escaped convict hiding in forest land under his control.
2. Purpose: Arresting Escaped or Wanted Accused
This section applies when the person to be arrested is:
- An escaped convict
- A proclaimed offender
- A person accused of a non-bailable offence and is hiding or running away
Example: If a murder accused runs away and hides in his farmhouse, the magistrate can issue a warrant to the caretaker to help arrest him.
3. Person Must Acknowledge the Warrant in Writing
The person receiving the warrant must give written confirmation that they got it. This creates a legal record and ensures the warrant was received properly.
Example: If a railway officer is given a warrant, he must sign and confirm that he received it before acting on it.
4. Must Act if Accused is on Their Property
If the accused is found on land or property under the control of the person holding the warrant, that person must try to arrest the accused.
Example: A manager of a government warehouse must act if the accused enters the warehouse and a warrant was issued to him.
5. Handing Over the Accused to Police
Once the person is arrested, the one holding the warrant must hand over the accused to the nearest police officer, who will take the person to the Magistrate. The accused can be granted bail only if allowed under BNSS Section 73.
Example: A school principal receives a warrant and catches the accused on school property. He must take him to the nearest police station with the warrant.
Section 75 of BNSS Overview
BNSS Section 75 says that a Chief Judicial Magistrate or Magistrate of the First Class can issue an arrest warrant to any responsible person (not just police) within their area to arrest someone who is:
- An escaped convict
- A proclaimed offender
- Accused of a non-bailable offence and hiding from the law
BNSS Section 75 Explained – 10 Key Points
1. Who Can Issue the Warrant?
Only specific judicial officers can issue a warrant under this section. These include the Chief Judicial Magistrate or a Magistrate of the First Class. This rule ensures that only senior and experienced authorities handle serious matters like arresting someone outside the usual police process. It provides legal safeguards and limits misuse, making sure that arrest warrants are issued thoughtfully and lawfully.
2. Warrant Can Be Directed to Any Person
Usually, arrest warrants are sent to the police, but this section allows the court to send it to any person within its area of control. That means even non-police individuals like landowners, estate managers, or forest officers can be legally authorized to arrest someone, provided they are trustworthy and responsible. This is very helpful in emergencies when police are unavailable or delayed.
3. Applicable for Escaped Convicts
If a person has escaped from jail or police custody, the court can immediately issue a warrant under this section. The aim is to capture the escaped convict quickly before they flee far. It also allows local people or property managers to act fast if the convict is hiding in their land or area. This makes the system responsive and efficient in emergency situations.
4. Proclaimed Offenders Can Be Targeted
When someone is declared a proclaimed offender—meaning they are absconding and publicly declared missing by the court—they become harder to catch. BNSS Section 2175 allows trusted persons in the community to help the court arrest such individuals. With court authorization, they can act legally to bring the proclaimed offender to justice.
5. Non-Bailable Offence Accused Can Be Arrested
In serious criminal cases such as rape, murder, or kidnapping (which are non-bailable offences), if the accused is avoiding arrest, the court can issue a warrant to someone outside the police. The aim is to stop the accused from escaping or destroying evidence. This section helps the court take timely action when delay could affect the case.
6. Person Must Acknowledge the Warrant in Writing
The person who receives the warrant must sign and acknowledge it in writing. This creates an official record that they have received the legal order. It also ensures they are held responsible for acting on the warrant correctly. This step makes the entire process transparent and traceable in case of any legal issues in the future.
7. Must Execute Warrant If Accused is On Their Property
If the accused is seen or found on property owned or controlled by the person holding the warrant, they must arrest the accused. For example, if a person is hiding in a tea estate, and the warrant is issued to the estate manager, the manager has the legal power and duty to arrest the accused. This rule prevents people from misusing private property to hide from the law.
8. Person Must Hand Over Accused to Nearest Police Station
Once the accused is arrested, the person who made the arrest must take them to the nearest police officer. They are not allowed to keep the accused under their custody. After handing over the person, the police will take the accused to the Magistrate for further legal steps. This keeps the power in check and ensures the rights of the accused are not violated.
9. Helps in Quick Action When Police Not Available
This section is especially useful in places where police are not immediately available—like remote villages, forests, or farmlands. In such areas, trusted individuals can take immediate action with court approval. It saves time, prevents the accused from escaping, and ensures that justice is not delayed just because police are far away.
10. Ensures Law Reaches Even Remote Places
India has many remote areas where law enforcement cannot reach quickly. BNSS Section 75 empowers local trusted persons to support the justice system in such situations. It makes sure the rule of law reaches everywhere, not just big cities. But all actions taken under this law must be reported to the court, so everything remains fair and within legal limits.
Examples of BNSS Section 75
- Forest Officer Example:
A murder accused is hiding in a forest. The court gives the warrant to a local forest officer. He finds the person and hands him over to the police. - Estate Manager Example:
A proclaimed offender is hiding on a private estate. The court sends the warrant to the estate manager. He arrests the offender with help and hands him to police.
Section 75 of BNSS Short Information
| Point | Description (Simple English) |
|---|---|
| 1. Who issues the warrant | Only a Chief Judicial Magistrate or Magistrate of the First Class can issue this type of warrant. |
| 2. Who can receive the warrant | The warrant can be given to any responsible person (not just police) in the same local area. |
| 3. When it applies | It applies when the accused is an escaped convict, a proclaimed offender, or avoiding arrest in a serious (non-bailable) case. |
| 4. Written acknowledgment | The person receiving the warrant must sign and confirm in writing that they got it. |
| 5. What to do after arrest | The arrested person must be handed over to the nearest police officer, who will take them to the Magistrate. |
BNSS Section 75 FAQs
BNSS 75
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