Warrant of Arrest

Introduction

A warrant is a written instrument issued by the Judge or Magistrate on behalf of the state which authorizes the arrest and detention of an individual or the search and seizure of an individual's property.

Objectives of a Warrant

• A warrant of arrest may need to be issued as a precautionary measure requiring the accused to appear in court.
• If a person commits a cognizable crime or is a habitual offender or an ex-convict, it is not in the public interest that such a person should be moving around freely.
• Even though the Criminal Procedure Code, 1973 (CrPC) allows a person to be arrested without a warrant in certain cases, such a person cannot remain in custody for more than 24 hours from the time of the arrest.
• Further, if the person is prepared to give security to appear in court during trial, then in some instances, he may be released on bail.
• A warrant of arrest remains in force until it is executed or cancelled by the court which issued it.
• A warrant would not become void merely due to the deadline set by the Court for its return had passed.

Essentials of Warrant

• As per Section 70 of CrPC, the following are the essentials of warrant of arrest:
  • The warrant of arrest must be in writing.
  • It must be signed by the Magistrate.
  • It must bear the seal of the court.
  • Bear the name and designation of the executant of such warrant.
  • Indicate the clear name and address of the accused.
  • State the offence with which the accused is charged.
  • Indicate date of issue.
  • Indicate the date of appearance.
  • May be executed at any place in India.

Bailable Warrant

• Section 71 of CrPC deals with the power to direct security to be taken.
• It empowers the Court to issue a bailable warrant.
• The warrant for arrest may also include a direction that if the person arrested under the warrant executes a bond and gives security for his attendance in court, he shall be released.
• A warrant with such direction is generally called a bailable warrant of arrest.

Execution of Warrant

• According to Section 72 of CrPC, a warrant may be directed to the police officer or any person.
• According to Section 74 of the CrPC, a warrant directed to any police officer can also be executed by any other police officer whose name is endorsed upon by the police officer directed.
• According to Section 78 of CrPC, a warrant of arrest to be executed outside the local jurisdiction of the Court may be directed by the Court to be executed by the police officer or send the warrant to any Executive Magistrate or District Superintendent of Police or Commissioner of Police within whose jurisdiction it is to be executed. The receiver of the warrant shall endorse his name on the warrant and execute it according to the provision of the Code.
• As per Section 80 of CrPC, if an accused is outside the jurisdiction of the Court issuing the warrant he shall be produced before the Court, if it is within thirty kilometers from the place of arrest and the accused fails to obtain bail.
  • If the Court is situated more than thirty kilometers away but is still nearer than the Executive Magistrate, the District Superintendent of Police or the Commissioner of Police of the area, then, the accused shall be taken to the same court.
    • But if the Executive Magistrate, the District Superintendent of Police or the Commissioner of Police is nearer than the Court, then, the accused shall be produced before any one of them depending upon the jurisdiction where the accused has been arrested.

Procedure for Execution of Warrant

• The terms of the warrant are to be executed between 6 a.m. to 10 p.m. of the day, and, if the said warrant is executed outside the given time, then the time period is extended by a judge and the police officer must inform the appropriate authority.
• As per Section 75 of CrPC, the police officer or another person who is executing a warrant shall inform the person being arrested of the contents of the warrant.
• When a warrant of arrest is executed then the police officer is to undertake any of the following steps:
  • Accept from the arrested individual (“defendant”) a signed guilty appeal and the full amount of the prescribed fine and costs if mentioned in the warrant.
  • Accept from the defendant a signed not guilty appeal and the entire amount of collateral if mentioned in the warrant.
  • If the instance is such that the defendant needs to be immediately presented before the issuing authority, then the fee need not be paid at the time of execution of warrant.
• As per section 76 of the CrPC, the person arrested on warrant shall be produced in the Court without any delay, i.e., within 24 hours as prescribed by the code. The stipulated time period of 24 hours does not include the time necessary for the journey from the place of arrest to the Magistrate’s Court.