Warrant of Arrest under CrPC Sections

In criminal law, a warrant refers to a legal document authorising law enforcement officers to take a particular action. Under India's Criminal Procedure Code (CrPC), a warrant can be issued in various circumstances, such as to arrest a person or search a property.

Types of Warrants:

Arrest Warrant:

An arrest warrant is issued by a court to allow the police to arrest an individual. The warrant must contain the name of the person to be arrested, the reason for the arrest, and any other relevant details. A warrant is usually issued when a person has been accused of a crime or when a court has issued a summons that has not been responded to.

Search Warrant:

A search warrant is issued by a court to allow the police to search a particular property for evidence of a crime. The warrant must specify the location, the reason for the search, and the items the police are authorized to seize. A search warrant is usually issued when the police have probable cause to believe that a crime has been committed and that evidence of the crime can be found at the location to be searched.

Non-Bailable Warrant:

A court issues a non-bailable warrant when a person has been charged with a non-bailable offence and fails to appear. The warrant authorizes the police to arrest the person and bring them before the court.

Bailable Warrant:

A court issues a bailable warrant when a person has been charged with a bailable offence and fails to appear. The warrant authorizes the police to arrest the person and bring them before the court, but the person can be released on bail once they appear before the court.

The objective of a warrant

The objective of a warrant under the Criminal Procedure Code (CrPC) is to authorize law enforcement officials to take specific actions in a criminal case, such as to arrest a person or to search a property. The court issues the warrant and provides legal authorization for the police to take these actions.   

The primary objective of an arrest warrant is to ensure that a person accused of a crime is brought before the court and that the trial can proceed. The warrant ensures the accused does not evade the legal process by absconding or hiding from the authorities. Similarly, the objective of a search warrant is to enable the police to search for and seize relevant evidence that may be required for a criminal investigation or trial. 

The objective of a non-bailable warrant is to ensure that a person who has been charged with a non-bailable offence appears before the court to face trial. If the person fails to appear before the court, the non-bailable warrant authorizes the police to arrest them and bring them before the court.  

Similarly, the objective of a bailable warrant is to ensure that a person who has been charged with a bailable offence appears before the court to face trial. If the person fails to appear before the court, the bailable warrant authorizes the police to arrest them and bring them before the court, where they may be released on bail.

Essentials of a warrant

Section 70 of the Criminal Procedure Code (CrPC) deals with the essential requirements of a warrant issued by a court. The following are the essentials of a warrant under Section 70 of CrPC:

• Name of the Court: The warrant must bear the name of the court issuing it.
• Signature of the Issuing Authority: The warrant must be signed by the authorised person to issue it, such as the judge or the magistrate.
• Seal of the Court: The warrant must bear the court's seal.
• Name of the Accused: The warrant must specify the name of the person against whom it is being issued. If the person's name is unknown, a warrant can be issued against the person by his or her description.
• Offence for which the Accused is Wanted: The warrant must specify the offence for which the accused is being sought.
• Date of Issue: The warrant must bear the date it is issued.
• Place of Issue: The warrant must bear the place where it is issued.
• Directions to Execute the Warrant: The warrant must contain clear directions, such as the person or the property to be arrested or searched.
• Time Limit for Execution: The warrant must specify the time limit within which it must be executed.
• Endorsement by the Police Officer: Once the warrant is executed, the police officer who executes it must endorse the date, time, and manner of execution and then return it to the court that issued it.

These are the essential requirements of a warrant under Section 70 of the CrPC. The warrant must contain all these details to be valid and enforceable.

Execution of a warrant

Execution of a warrant refers to carrying out the directions mentioned in the warrant. The procedure for executing a warrant and the relevant sections of the Criminal Procedure Code (CrPC) is as follows:

Arrest Warrant:

• Section 71 of the CrPC provides for the execution of an arrest warrant. The procedure for executing an arrest warrant is as follows:
• The person executing the warrant must inform the person to be arrested of the offence for which they are being arrested and produce the warrant.
• If the person to be arrested refuses to comply, the person executing the warrant may use reasonable force to arrest them.
• Once the person is arrested, they must be taken before the court that issued the warrant or the nearest magistrate without unnecessary delay.

Search Warrant:

• Section 94 of the CrPC provides for the execution of a search warrant. The procedure for executing a search warrant is as follows:
• The person executing the warrant must inform the occupant of the premises to be searched for the purpose of the search and produce the warrant.
• Two independent witnesses must conduct the search, who must sign the warrant and the inventory of articles seized.
• The articles seized must be brought before the court that issued the warrant or the nearest magistrate.

Non-Bailable Warrant:

Section 75 of the CrPC provides for the execution of a non-bailable warrant. The procedure for executing a non-bailable warrant is as follows:

• The person executing the warrant must arrest the person against whom the warrant is issued and bring it before the court that issued the warrant or the nearest magistrate without unnecessary delay.
• If the person cannot be found, the person executing the warrant must affix a copy of the warrant to some conspicuous part of the house or place where the person is known to have resided or carried on the business and then make a report to the court that issued the warrant.

Bailable Warrant:

Section 76 of the CrPC provides for the execution of a bailable warrant. The procedure for executing a bailable warrant is as follows:

• The person executing the warrant must arrest the person against whom the warrant is issued and bring it before the court that issued the warrant or the nearest magistrate without unnecessary delay.
• The person may be released on bail at the discretion of the court.

Conclusion

In conclusion, the execution of a warrant under the CrPC depends on the type of warrant issued. The relevant sections of the CrPC provide detailed guidelines on executing each type of warrant. It is essential to follow the procedure laid down in the law to ensure that the warrant is executed lawfully and that the rights of the accused are protected.

 

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