The Bombay High Court has emphasised that Section 80(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) stipulates that when a warrant is to be executed outside the issuing court’s jurisdiction, the court may forward it to the Executive Magistrate, District Superintendent of Police, or Commissioner of Police of the concerned jurisdiction. That authority is then responsible for endorsing the warrant and causing it to be executed. This provision provides a formal and effective channel for ensuring the execution of inter-state warrants.
Therefore, the Court held that a fresh Non-Bailable Warrant should be issued against Respondent No. 2. In line with the procedure outlined in Section 80 of the BNSS, the Court directed its registry to forward the warrant by R.P.A.D. to the Commissioner of Police, Varanasi, to ensure its execution. Additionally, the Court requested the Additional Solicitor General to suggest measures to ensure that Bailable and Non-Bailable Warrants are executed in a time-bound manner to facilitate the expeditious disposal of long-pending Execution Applications, particularly those filed by financial institutions and nationalized banks.
The ruling is based on the procedural mechanism for the execution of warrants outside the local jurisdiction of the issuing court, as prescribed by the BNSS, 2023.
A Single Judge Bench of Justice Madhav J. Jamdar observed with concern that the Execution Application has been pending since 2015 due to the non-execution of the Non-Bailable Warrant issued against Respondent No. 2. It noted that despite multiple reminders sent by the Court’s registry and direct telephonic contact with the concerned police inspector in Varanasi, no execution report was filed.
The Bench also took note of the Supreme Court’s directive in Periyammal (Dead Through LRs) vs. V. Rajamani [2025 SCC OnLine SC 507] which mandates the disposal of Execution Applications within six months. Further, the Bench observed that this is a systemic issue, with many Execution Applications remaining pending for extended periods because warrants issued outside the State of Maharashtra are not executed in a timely manner.
Briefly, on July 23, 2025, the High Court re-issued a Non-Bailable Warrant (NBW) against Respondent No. 2, to be executed in Varanasi, Uttar Pradesh, as the respondent had shifted there. The registry of the court sent three reminders to the Senior Inspector of Police, Manduadih, Varanasi, to this effect.
Despite the reminders being received, and a subsequent telephonic conversation with Inspector Vidyashankar Shukla, the police authorities in Varanasi failed to submit an execution report for the NBW. This has resulted in the Execution Application remaining pending for 11 years.
Appearances:
Advocate Gaurav Jain, for the Applicant
Additional Solicitor General of India Anil C. Singh, along with Advocates Aditya Thakkar, D. P. Singh, Adarsh Vyas, Rama Gupta, Krishnakant Deshmukh, and Rajdatta Nagre, for the Union of India
