Bharatiya Nagarik Suraksha Sanhita, 2023
Section 32
Aid to person, other than police officer, executing warrant
When a warrant is directed to a person other than a police officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.
Why this exists
Warrants are usually executed by police, but the law allows courts to direct warrants to private individuals in specific situations (for example, in remote areas or special circumstances). This provision ensures that such a private executor isn't left helpless — bystanders or others present can lend assistance, but only while the authorized person is actually present and acting on the warrant, preventing misuse by strangers claiming authority on their own.
Common misconceptions
- Myth: Any random person can arrest someone just by claiming there's a warrant.
Fact: Help is only lawful if the actual person named in the warrant is present and is actively trying to execute it themselves — bystanders can't act on their own initiative. - Myth: Only police officers can ever be given warrants to execute.
Fact: Courts can direct warrants to private individuals in certain situations, and this section deals specifically with that scenario.