Warrant under Code of Criminal Procedure, 1973
Code of Criminal Procedure, 1973 came into force on 1st April, 1974. Code of Criminal Procedure, 1973 gives machinery for the investigation of crime, harm of criminals, collection of evidence, determination of mens rea or innocence of the accused and the determination of punishment of the guilty. It also deals with public nuisance, prevention of offences and maintenance of wife, child and parents.
Form of warrant of arrest and duration (section 70)
Every warrant of arrest issued by a Court shall be in writing, signed by the presiding officer of such Court and have the seal of the Court. It shall remain in force until repealed by the Court which issued it, or executed.
Power to direct security (section 71)
- Any Court issuing a arrest warrant for any person, direct by endorsement that, if person executes a bond with sufficient sureties of attending the Court at a specified time and until the court directs the officer to release such person.
- The endorsement states-
- the number of sureties;
- the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound;
- the time at which he is to attend before the Court.
Warrants to whom directed (section 72)
- A warrant of arrest normally directed to police officer. Court can also issue arrest warrant to any other person or persons if its execution is necessary and police officer not available.
- If arrest warrant directed or issued to two or more officers or persons, then all will execute it.
Warrant directed to any person ( Section 73)
- The Chief Judicial Magistrate or a Magistrate of the first class issues arrest warrant to any person within his local jurisdiction. It issued to arrest any convict or proclaimed offender or accused person.
- Such person acknowledges in writing the receipt of the warrant, and also execute it only when the person enter any land or other property.
- The person against whom arrest warrant is issued, will be taken to the nearest police officer. Who causes him to be presented before a Magistrate having jurisdiction in the case. Unless security is taken under section 71.
Warrant directed to police officer (Section 74)
- A warrant directed to any police officer, can also executed by any other police officer whose name mentioned on the warrant by the directed police officer.
Notification of substance of warrant (Section 75)
- The police officer or other person executes a warrant of arrest, notify the substance in warrant to the person arrested. If so required, shall show him the warrant.
Person arrested brought before Court without delay (Section 76)
- The police officer or other person executing a arrest warrant, produce such person before the court without making unnecessary delay.
Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the lime necessary for the journey from the place of arrest to the Magistrate’s Court.
Where warrants executed (Section 77)
A warrant of arrest executed at any place in India.
Warrants forwarded for execution outside jurisdiction (Section 78)
- Court issues the arrest warrant outside the local jurisdiction. Forward it by post, to any Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of that person arrested. The Executive Magistrate or District Superintendent or Commissioner endorses his name and if practicable, execute it i provided manner.
- The Court issuing a warrant, also forward the information of person arrested and documents as to decide whether offence is bailable or not.
Magistrates should not issue non-bailable warrants in `cheque bounce cases’ unless it absolutely necessary and they satisfied that the accused will not obey the bailable warrant, the Madras High Court has said.
The Hindu, Original article, Issue Non-bailable warrant only when absolutely necessary, Retrieved on 28th December, 2017, Article by A. Subramani
Warrants directed to police officer for execution outside jurisdiction (Section 79)
- Court issues arrest warrant to police officer to execute it outside the jurisdiction. Normally take it for endorsement either to an Executive Magistrate or to a police officer not below the rank of an officer in charge of a police station of local jurisdiction of that arrested person.
- Such Magistrate or also police officer endorses his name thereon. Such endorsement also gives sufficient authority to the police officer so directed to execute the warrant. Local police officer assist if required.