Process to Compel Appearance of Person - Part 2

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PROCESS TO COMPEL APPEARANCE OF PERSON


WARRANT OF ARREST



As per dictionary the word warrant is a document issued by a legal or government official authorizing the police or another body to make an arrest, search premises, or carry out some other action relating to the administration of justice.


The code of criminal procedure has not defined the term warrant. It can also be known as an order of the court to arrest a person accused of an offence, at whatever place he is found.


The five important aspects found in the above definition can be:-


· Warrant is an order

· Issued by the court

· To arrest a person

· Who is accused of an offence

· At whatever place he is found.


If all these aspects appear then we can say that the document is warranted.


AGAINST WHOM A MAGISTRATE CAN ISSUE A WARRANT?


Against a person:-

1. Person accused of an offence.

2. Required to be a witness

3. For a breach of bond.

4. Required a show cause against a magistrate order.

5. Acquitted in a case, but the appeal had been presented against the order of acquittal.


Section 70- Form of warrant of arrest and duration.

Essentials

· Shall be in writing

· Signed by the presiding officer of the court

· Should bear the seal of the court

· Shall remains in force until it is cancelled by the court which issued it, or until it is executed.

Other points to remember

· The warrant must state the name and designation of the individual who is to execute the order.

· The warrant must contain full name, address and the description of the person who is to be arrested / a warrant with the wrong description of the person is not valid.

· The warrant must state the offence charged on the individual.

· The warrant os arrest must be sealed

· Must be prescribed form.

· Signature of the presiding officer must be clear and visible.

· The magistrate should have the knowledge of offence before issuing a warrant.


Section 71- Power to direct security to be taken


The officer who has executed the order can release such person, if the court which issued a warrant takes a security endorsement with below requirements:-

1. The no. of sureties.

2. The amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound.

3. The time at which he is to attend before the court.


Section 72- warrants to whom directed


· General practice- one or more police officer.

· Extraordinary situation- if no police officer available any other person or persons.

· When a warrant is directed to more than one person it may be executed by all or by any one or more of them.

· Such directions are divided into 2 types (section 73& 74).


Section 73 & 74 - types of direction.


Warrant may be directed to any person against who for the arrest of an escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest.


-Should be in writing with acknowledgement.

-Shall be handed over to the nearest police officer, who then will present to the magistrate.

Section 74 – warrant directed to the police officer.


-A warrant directed to any police officer.

-It can be executed by any other police officer whose name is endorsed by the officer to whom it is directed or endorsed.


Section 75 – section 77- other aspects.


-Notification of substance of warrant.

The person who is executing the warrant shall explain the contents of a warrant to the person whom they are arresting and if required they need to show the warrant to such person.

-Person arrested to be brought before the court without delay.

·The police officer or any other person executing a warrant of arrest shall produce before the court without any unnecessary delay.


·Exception – subject to the provision of section as to security.


·The delay shall not exceed 24 hours unless such delay is caused due to the journey from the place of arrest to the magistrate’s court.


-Where warrant may be executed.

·A place of execution of warrant of arrest may be at any place in India.

Section 78& 79- warrant issued outside the jurisdiction


-Warrant forwarded for execution outside jurisdiction.

· For outside the jurisdiction can send to the district magistrate or commissioner of police of such jurisdiction.


-Warrant directed to police officer for execution outside jurisdiction.

· The officer shall ordinarily 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, within the local limits of whose jurisdiction the warrant is to be executed.

· Shall endorse the officer’s name and local police shall support him when required.

· If the delay in obtaining is causing difficulty in executing the warrant, the officer shall go ahead without endorsement also as n exception.

Section 80&81- procedure after execution of warrant


-Procedure of arrest of the person against who warrant issued.

· Is the jurisdiction of arrest is more than 30 km in such case the arrested person shall be taken before such magistrate or District Superintendence or commissioner of that jurisdiction.


-Procedure by Magistrate before whom such person arrested is brought.

· Police officer may take security as under section 71.

·Magistrate can decide on bail/bond etc.



Read Part 1st here






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