Study Notes

Section 70 of the Code of Criminal Procedure, 1973 deals with the form and duration of a warrant of arrest. The section can be summarised as follows:

1. Form of warrant of arrest: Every warrant of arrest issued by a Court must be in writing and should be signed by the presiding officer of that Court. The warrant must also bear the seal of the Court.
2. Duration of warrant of arrest: A warrant of arrest remains in force until it is either cancelled by the Court which issued it or until it is executed.

This section lays down the basic requirements for a valid warrant of arrest. The warrant should be in writing, signed and sealed by the presiding officer of the Court. Additionally, the warrant will continue to be in force until it is executed or cancelled by the issuing Court.

A warrant of arrest may be issued by various courts under different provisions of the Cr.P.C. These courts include:

(a) Any court authorised by the Code to issue a summons [s. 87,s. 89].
(b) The Chief Judicial Magistrate [s.73(1)].
(c) A Magistrate of the first class [s. 73(1);s. 187(1)].
(d) A Judicial Magistrate or a Metropolitan Magistrate [s. 204(1)(b)].
(e) The High Court [s.390].

Study Notes

Section 71 of the Code of Criminal Procedure (CrPC) deals with the power of the court to direct security to be taken. The section can be divided into the following parts:

• Discretionary power of the court: The court issuing a warrant for the arrest of any person may, in its discretion, direct by endorsement on the warrant that the person may be released from custody if he executes a bond with sufficient sureties for his attendance before the court at a specified time and thereafter until otherwise directed by the court.
• Contents of the endorsement: The endorsement on the warrant must state the number of sureties, the amount in which they and the person for whose arrest the warrant is issued are to be respectively bound, and the time at which the person is to attend before the court.
• Forwarding of bond: Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the court.

In Karim Shah v State of UP, 2008 Cr LJ 2974 (All), the court held that once the accused has been taken into custody, the liability of the sureties comes to an end. If the accused subsequently absconds from the custody of the court, the sureties cannot be held liable. This means that if the accused escapes from custody, the sureties are no longer responsible for his or her appearance before the court. 

Study Notes

Section 72 of the Code of Criminal Procedure lays down the following provisions regarding the direction of warrants:

• Direction of the Warrant: A warrant of arrest should ordinarily be directed to one or more police officers.
• Exception to Ordinary Direction: In case no police officer is immediately available and the immediate execution of the warrant is necessary, the court issuing the warrant may direct it to any other person or persons for execution.
• Persons Authorised to Execute: The person or persons to whom the warrant is directed shall execute the same.
• Execution of Warrant: When a warrant is directed to more than one person, it may be executed by all or any one or more of them.

Study Notes

Section 73 of the Criminal Procedure Code, 1973 contains the following provisions:

-Power of Chief Judicial Magistrate or Magistrate of the first class to direct a warrant to any person within his local jurisdiction:

The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of:

1. any escaped convict, or
2. proclaimed offender, or
3. any person who is accused of a non-bailable offence and is evading arrest.

• For example, if a person is accused of a serious offence like murder and he is absconding, the Magistrate may direct a warrant to any person within his jurisdiction for his arrest.

-Acknowledgment of receipt of warrant by the person:

The person to whom the warrant is directed shall acknowledge in writing the receipt of the warrant.

-Execution of warrant by the person:

The person to whom the warrant is directed shall execute it if the person for whose arrest it was issued, is in, or enters on, any land or other property under his charge. For example, if the person against whom the warrant is issued is working in a factory, the person to whom the warrant is directed may execute the warrant by arresting him at the factory.

-Handing over the arrested person to the police officer:

When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 71.

-Section 73 of the Criminal Procedure Code (CrPC) lays down the duty of any person to execute a warrant if it is directed to them by the Chief Judicial Magistrate or a Magistrate of the first class. If a person wilfully fails to comply with this duty, they may be punished under Section 187 of the Indian Penal Code (IPC) for intentionally omitting to give assistance to a public servant in the execution of their public duty. However, it is important to note that this applies only if the warrant is legally valid and has been lawfully issued by a court of justice.

This section should be read along with:-

-I.P.C-:

• S.187

-Cr.P.C:

• s.38
• s.40(1)(b)
• s.40(1)(c)

Study Notes

Section 74 of the Code of Criminal Procedure states that a warrant directed to a specific police officer can also be executed by another police officer whose name is endorsed on the warrant by the officer to whom it is directed or endorsed. This provision allows for the delegation of warrant execution to other police officers.

Here’s an example to help illustrate the concept:

Let’s say Inspector Smith is issued a warrant to arrest a suspect named John Doe. However, due to some unforeseen circumstances, Inspector Smith is unable to personally execute the warrant. In such a situation, Inspector Smith can endorse the warrant with the name of another police officer, for instance, Sub-Inspector Johnson.

Once the warrant is endorsed, Sub-Inspector Johnson is authorized to execute the warrant and carry out the necessary arrest procedures on behalf of Inspector Smith. This means that Sub-Inspector Johnson has the legal authority to arrest John Doe based on the warrant, even though the warrant was originally directed to Inspector Smith.

This provision allows for flexibility in warrant execution and ensures that the warrant can still be effectively executed even if the originally designated officer is unavailable or unable to carry out the task personally.

It is important to note that the endorsing officer should have the necessary authority to endorse the warrant, and the officer executing the warrant should adhere to the legal requirements and procedures specified in the warrant.

Study Notes

Detailed notes on Section 75 of the Code of Criminal Procedure:

• Notification of warrant: Section 75 mandates that the police officer or any other person executing a warrant of arrest should notify the person to be arrested about the substance of the warrant.
• Obligation to show warrant: The police officer or other person executing the warrant is also obliged to show the warrant to the person to be arrested if they request to see it.
• Objective: The objective of this provision is to inform the person being arrested of the reasons for their arrest and to provide them with a copy of the warrant to prevent any wrongful detention.

Example: A police officer has a warrant to arrest Mr. X for his alleged involvement in a robbery case. The police officer reaches Mr. X’s house and informs him that he has a warrant for his arrest, and shows him the substance of the warrant as well. The police officer then takes Mr. X into custody and presents him before the court.

Study Notes

Detailed notes for Section 76:

• Duty of police officer or other person: The police officer or any other person executing a warrant of arrest has a duty to bring the arrested person before the court without any unnecessary delay.
• Time limit for bringing the arrested person before the court: The delay in bringing the arrested person before the court should not exceed 24 hours, excluding the time required for the journey from the place of arrest to the Magistrate’s Court.(s.57 of Cr.P.C)
• Exception: The provision for delay is subject to the provisions of section 71 as to security.

Study Notes

Detailed notes for Section 78 of the Criminal Procedure Code:

-Execution of Warrant outside Jurisdiction:

1. When a warrant is to be executed outside the local jurisdiction of the Court issuing it, the Court may forward it by post or otherwise to any Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be executed.
2. Instead of directing the warrant to a police officer within its jurisdiction, the Court can forward the warrant to an Executive Magistrate or District Superintendent of Police or Commissioner of Police in whose jurisdiction it is to be executed.
3. The Executive Magistrate or District Superintendent or Commissioner shall endorse his name on the warrant and execute it in the manner provided under the Code.
4. This provision is an exception to the general rule laid down under Section 72.

-Forwarding Information with Warrant:

1. The Court issuing a warrant under sub-section (1) shall forward the substance of the information against the person to be arrested.
2. Along with the warrant, the Court shall also forward any documents that may be sufficient to enable the Court acting under Section 81 to decide whether bail should or should not be granted to the person.
3. This ensures that the person being arrested is aware of the reason for their arrest and can be produced before a Court without delay.

Example:

Suppose a Court in Delhi issues a warrant for the arrest of a person who is currently in Mumbai. The Court can forward the warrant along with the necessary documents to the Commissioner of Police in Mumbai, who will execute the warrant in Mumbai in the manner provided under the Code. The Mumbai Police will produce the arrested person before the Magistrate having jurisdiction over the matter. The Court in Delhi will also forward the substance of the information against the person to be arrested along with the warrant to the Mumbai Commissioner of Police, which will help the Magistrate in Mumbai decide whether bail should or should not be granted to the person

Study Notes

Detailed notes for Section 79 of the Code of Criminal Procedure:

-Execution of warrant outside jurisdiction:

• When a warrant is directed to a police officer, but it needs to be executed outside the local jurisdiction of the court issuing it, the police officer shall take it for endorsement.
• The endorsement shall be made by either an Executive Magistrate or a police officer who is 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.

Endorsement on the warrant:

• The Magistrate or police officer who endorses the warrant shall sign his name on it.
• The endorsement is considered to be sufficient authority for the police officer to whom the warrant is directed to execute it.
• The local police shall assist the police officer in executing the warrant if required.

-Execution of warrant without endorsement:

• In case there is a reason to believe that obtaining the endorsement of the Magistrate or police officer within whose local jurisdiction the warrant is to be executed will delay the execution, the police officer to whom it is directed may execute the warrant without endorsement.
• This can be done in any place beyond the local jurisdiction of the Court which issued the warrant.

Study Notes

Section 80 of the Code of Criminal Procedure (CrPC) provides for the procedure to be followed when a warrant of arrest is executed outside the district in which it was issued. The following are the detailed notes with an example:

-Execution of Warrant Outside District:

• When a warrant of arrest is executed outside the district in which it was issued, this section becomes applicable.
• Example: If a warrant is issued by a court in Delhi, but the person against whom it is issued is arrested in Mumbai, this section will be applicable.

-Person Arrested to be Taken to Magistrate:

• The person arrested shall be taken before the Magistrate or District Superintendent or Commissioner within whose jurisdiction the arrest was made, unless the court which issued the warrant is within thirty kilometres of the place of arrest or is nearer than the Executive Magistrate or District Superintendent or Commissioner.
• Example: If a person is arrested in Mumbai, the person should be taken before the Magistrate or District Superintendent or Commissioner within whose jurisdiction the arrest was made. However, if the court which issued the warrant is in Pune, which is within thirty kilometres of Mumbai, then the person can be taken before the court which issued the warrant.

-Exception to the Above Rule:

• The person arrested need not be taken before the Magistrate or District Superintendent or Commissioner within whose jurisdiction the arrest was made if security is taken under section 71.
• Example: If the person arrested in Mumbai is required to be taken before a court in Delhi, but security is taken under section 71, then the person need not be taken to Delhi and can be produced before the court in Mumbai where the security is furnished.

Study Notes

Detailed notes for Section 81 of the Code of Criminal Procedure:

• Verification of person arrested: The Executive Magistrate or District Superintendent of Police or Commissioner of Police shall verify that the person arrested is the same as the one intended by the Court which issued the warrant.
• Direction of custody: If the person arrested is verified as the intended person, the Executive Magistrate or District Superintendent of Police or Commissioner of Police shall direct their custody and removal to the Court which issued the warrant.
• Bailable offence: If the offence is bailable, and the person arrested is ready and willing to give bail to the satisfaction of the Magistrate, District Superintendent or Commissioner, or a direction has been endorsed under section 71 on the warrant and the person is ready and willing to give the security required by such direction, the Magistrate, District Superintendent or Commissioner shall take such bail or security, as the case may be, and forward the bond to the Court which issued the warrant.
• Non-bailable offence: If the offence is non-bailable, the Chief Judicial Magistrate (subject to the provisions of section 437) or the Sessions Judge of the district in which the arrest is made, on consideration of the information and the documents referred to in sub-section (2) of section 78, may release such person on bail.
• Provision for taking security: Nothing in this section shall prevent a police officer from taking security under section 71.