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Meaning of Warrant of Arrest Execution Thereof PDF
Meaning of Warrant of Arrest Execution Thereof PDF
Meaning of
Warrant of Arrest
&
Execution Thereof
Compiled By
Ankit Chowdhri
10/09
Table of Contents
Duty of Magistrate
Warrant of Appearance
7
7
8
10
10
10
10
Effect of Non-Compliance
11
11
11
11
12
12
12
12
13
13
14
14
Section 79: Warrant Directed to Police Officer for Execution outside Jurisdiction
Scope of the Section
Section 80: Procedure on Arrest of Person against Whom Warrant is Issued
Scope of the Section
Section 81: Procedure by Magistrate before whom such Person is brought
14
15
15
16
16
17
Duty of Magistrate
17
17
Bibliography
18
Pillai, Dr. K.N. Chanderasekharan, R.V. Kelkars Criminal Procedure, Eastern Book Company, Lucknow, 5 th
Ed., 2011, p. 48.
2
Ibid.
3
Pillai, Dr. K.N. Chanderasekharan, R.V. Kelkars Criminal Procedure, Eastern Book Company, Lucknow, 5 th
Ed., 2011, p. 49.
Page | 1
endorsed.4 However, this rule will not control the special procedure provided by Sections 7881 for the execution of warrants outside the local jurisdiction of the Court issuing the same. A
warrant of arrest can be executed at any place in India. 5 When a warrant of arrest can be
executed outside the local jurisdiction of the court of issuing it, the procedure laid down in
Sections 78-81 shall be followed. These sections are discussed in the heads to follow.6
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12
Jugan v. Chief Presidency Magistrate, AIR 1968 Cal. 220: 1968 CrLJ 604. Also see Sohonis, The Code of
Criminal Procedure, 1973, Premier Publishing Company, Allahabad, Vol. I, 2010, p. 164.
13
Mahajan v. Emperor, AIR 1915 Cal. 737.
14
Sen, D.N., The Code of Criminal Procedure, Premier Publishing Company, Allahabad, Vol. I, 2004, p. 166.
15
AIR 1988 SC 414: 1988 CrLJ 705.
16
S. Dhalappa v. State of Kerala, AIR 1965 Ker. 72: 1965 (1) CrLJ 296.
17
For other examples of invalid warrants see Sohonis, The Code of Criminal Procedure, 1973, Premier
Publishing Company, Allahabad, Vol. I, 2010, p. 164. Also see Form 2 of the second schedule of the Code of
Criminal Procedure.
18
Kartick Chandra v. Emperor, AIR 1932 Pat. 175.
19
Md. Maquble v. State of Jammu & Kashmir, AIR 1972 SC 963.
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The warrant must specify the name and designation of the person to whom it is
addressed for the execution of the same.24
H.C. Jain v. M/s R.K. Synthetics and Fibers Pvt. Ltd., 1999 CrLJ 2922 (Bom.).
Jagdish v. Emperor, AIR 1940 All. 178.
22
Alter Caufman v. Governor of Bombay, ILR 18 Bom. 636.
23
Kanti Lal v. State, AIR 1968 Guj. 100: 1968 CrLJ 758.
24
Jamna v. Emperor, AIR 1924 All. 128.
25
State v. Nanavati, AIR 1960 Bom. 502.
26
Kundan v. State, 1952 CrLJ 1592.
27
Yogesh Kumar Bhargava v. State of Uttar Pradesh, 2001 CrLJ 2835.
21
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28
See Sohonis, The Code of Criminal Procedure, 1973, Premier Publishing Company, Allahabad, Vol. I, 2010,
p. 166.
29
Queen Empress v. Yogendra Nath, ILR 24 Cal. 320.
30
Chhotelal v. Emperor, AIR 1948 All. 72.
31
Lachmi v. Emperor, AIR 1939 All. 156.
32
Sen, D.N., The Code of Criminal Procedure, Premier Publishing Company, Allahabad, Vol. I, 2004, p. 169.
33
P.K. Dasgupta v. Jaizukhal, 1989 (2) Guj. LJ 943.
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bond, order for rearrests would be proper.34 But at the same time where a warrant is
cancelled, it cannot be reissued.35
Warrant of Appearance
Magistrate cannot direct the accused through Counsel. If at all he is satisfied that the
accused are evading service or are wilfully not appearing in the Court then coercive measures
could be adopted but only against the accused.38
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any one of the persons to whom the warrant is directed, the execution thereof will not be
illegal although in the warrant was directed to several persons.39
39
Sen, D.N., The Code of Criminal Procedure, Premier Publishing Company, Allahabad, Vol. I, 2004, p. 170.
Pillai, Dr. K.N. Chanderasekharan, R.V. Kelkars Criminal Procedure, Eastern Book Company, Lucknow, 5 th
Ed., 2011, p. 50.
41
State through CBI v. Dawood Ibrahim Kaska, AIR 1997 SC 2494: 1997 CrLJ 2989.
42
W.N. Chadda v. State, 1993 CrLJ 3214.
43
State through CBI v. Dawood Ibrahim Kaska, AIR 1997 SC 2494: 1997 CrLJ 2989.
40
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44
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Charukala Act Naser v. Emperor,51 as well as warrants issued under Bombay Gambling
Act.52
51
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60
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requirement of law that in every case the Executing Officer is to show the warrant of arrest to
the person arrested unless such person so demands.65
Effect of Non-Compliance
The burden of proof is on the person who alleges that requirement of the section were
not compiled with and to establish that and in the absence of evidence to the contrary the
presumption can be drawn that official acts have been duly performed.66 Where a person
entrusted to execute a warrant fails to comply that the requirement of the section the arrest
would be illegal.67
65
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It is, however, to be noted like the proceeding Section 75 the provisions of this section
do not apply to the proceedings pertaining to arrest and detention under the Preventive
Detention Act.69
See Sohonis, The Code of Criminal Procedure, 1973, Premier Publishing Company, Allahabad, Vol. I, 2010,
173.
70
Sayad Jajarul Hassan v. State, AIR 1986 Pat. 194.
71
State of West Bengal v. Jugal Kishore More, AIR 1969 SC 1171.
72
AIR 1969 SC 1171.
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warrant of arrest against a person residing in a country with which the Government of India
has an Extradition Treaty, initiation of execution proceedings necessary.73
73
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Section 79
Warrant Directed to Police Officer for Execution outside Jurisdiction
Section 79 of the Code of Criminal Procedure reads as under:
79. Warrant directed to police officer for execution outside jurisdiction. (1)
When a warrant directed to police officer is to be executed beyond the local jurisdiction of
the Court issuing the same, he 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.
77
Batuk Lal; Code of Criminal Procedure; Central Law Agency; Allahabad; 2nd Ed.; 2010, p. 312.
See Sen, D.N., The Code of Criminal Procedure, Premier Publishing Company, Allahabad, Vol. I, 2004, p.
175.
79
Ibid.
80
Gabino Prasad v. State of West Bengal, 1975 CrLJ 1249.
78
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(2) Such Magistrate or police officer shall endorse his name thereon and such
endorsement shall be sufficient authority to the police officer to whom the warrant is directed
to execute the same, and the local police shall, if so required, assist such officer in executing
such warrant.
(3) Whenever there is reason to believe that the delay occasioned by obtaining the
endorsement of the Magistrate or police officer within whose local jurisdiction the warrant is
to be executed will prevent such execution, the police officer to whom it is directed may
execute the same without such endorsement in any place beyond the local jurisdiction of the
Court which issued it.
81
Devi Singh v. State of Rajasthan, AIR 1964 Raj. 36: 1964 (1) CrLJ 359. Also see Sen, D.N., The Code of
Criminal Procedure, Premier Publishing Company, Allahabad, Vol. I, 2004, p. 177.
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82
Sohonis, The Code of Criminal Procedure, 1973, Premier Publishing Company, Allahabad, Vol. I, 2010, p.
176.
83
Khemchand v. State, 1971 CrLJ 149.
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Duty of Magistrate
In view of the expression the person arrested appears to be the person intended,
makes it clear that when the person arrested is brought before a Magistrate, no elaborate
enquiry contemplated under Section 187 of the Code is called for although the Magistrate is
to be satisfied prima facie about the identity of the person arrested as mentioned in the
warrant.85 However, the Magistrate is in some doubt as to the correct identity of the person
arrested, he will be at a liberty to release the person without forwarding him in custody to the
Court issuing the warrant,86 that is to say vagueness regarding the identity of the person
arrested will entitle the Magistrate to release him and not to forward him in custody to the
Court issuing the warrant.
84
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Bibliography
Batuk Lal; Code of Criminal Procedure; Central Law Agency; Allahabad; 2nd Ed.;
2010.
Pillai, Dr. K.N. Chanderasekharan, R.V. Kelkars Criminal Procedure, Eastern Book
Company, Lucknow, 5th Ed., 2011.
Universals Criminal Manual, Universal Law Publishing Co., New Delhi, 2011.
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