Legal Provisions of Section 78 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Warrant Forwarded for Execution Outside Jurisdiction:
Sections 78 to 81 of the Code prescribe the procedure to be adopted when a warrant of arrest is to be executed outside the local jurisdiction of the Court issuing it.
ADVERTISEMENTS:
The provisions of Section 78 are intended to provide adequate safeguards to a person to be arrested so that he is not arrested without a proper authority having applied his mind as to the legality of the warrant and authorised the arrest outside the jurisdiction of the Court which had issued the warrant. Such warrant is forwarded to the authorities within the local limits of whose jurisdiction it is to be executed instead of directing the warrant to a police officer.
Where a warrant under this section is to be issued for directing the arrest of the proprietor of a firm, it should bear the name and description of the particular person intended to be arrested; otherwise it will not be a valid w arrant.
Sub-section (2) makes it obligatory for the issuing Court to forward along-with the warrant the substance of the information against the person to be arrested and also documents, if any. This will enable the Court before whom such person is produced to decide whether bail may or may not be granted.
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