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NOTE: This scripture has only to be studied for examination preparation, for any misuse of text for
cheating purpose is strictly condemned. {HANDOUTS]
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Question: Describe the Term Warrant, how many modes are there for production of an
accused before Court of Law?
DEFINITION: A writ or precept from a competent authority in pursuance of law, directing the
doing of an act, and addressed to an officer or person competent to do the act, and affording
him protection from damage, if he does it.
OR
IMPORTANT:
The Term warrant is only used in Criminal Cases, The term is a wider use It is even used in Civil
Cases, It is a very interesting that the term warrant are mostly used in Civil Cases in European
Countries, whereas the Term “ APPREHENSION” is applied in Criminal Cases as a replacement of
the term warrant.
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There are Six modes of production of an accused person before a Court of Law. These modes
are given in the general criminal law of procedure enacted and called the Code of Criminal
Procedure, 1898. These modes are under:
1. Summons
2. Warrant
3. Warrant in lieu of Summons,
4. Proclamation of an absconder,
5. Attachment of his property,
6. Bond with or without sureties for appearance before Court of Law on specific Date.
All these modes are not whimsical, capricious or according to the sweet will of the Court. All
of them are under the law and in accordance with law and require to be used fairly, justly and
reasonably. The object of no process of law is to harass or damage the dignity of mankind. All
processes. When it does not serve the purpose of bringing the accused or the witness and the
behavior of the summoned is evasive the second method provided by the law itself is a
“Warrant of Arrest” { Article “ Ret. Justice Munir. A. Mughal Ahmed Mughal }
WARRANT OF ARREST:
A WRITTEN order issued and signed by a magistrate, directed to a peace officer or some other
person specially named, and commanding him to arrest the body of a person named in it, who
is accused of an offence. { Brown V State, 109 Ala.70,20 So, 103 }/ Black’s Law Dictionary
ARREST:
Deprive a person of his liberty by legal authority. Taking, under real or assumed authority,
custody of another for the purpose of holding or detaining him to answer a criminal charge or
civil demand.
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The essentials of a warrant of arrest are:-
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A magistrate who has the jurisdiction is to sign the warrant. The official designation of the
person signing warrant of arrest and the place of signing should appear on the face of the
warrant.
Warrant singed at a place outside the limits of Presiding officer of the Court is illegal and
proceedings in pursuance of an illegal warrant, or a warrant issued without consideration are
void.
A warrant of arrest in order to be valid must be in writing and must be signed by the presiding
officer. Warrant not singed is invalid.
As per provisions of Criminal Procedure Code, there are two kinds of arrest Warrants:
Bailable Warrant: Court may direct by endorsement on the warrant that if such person
executes a bond with different sureties for his attendance before the Court at a specified time
and thereafter, the officer to whom the warrant is directed shall take such security and shall
release such person from custody.
Non-Bailable Warrant: Where an offence falls in categories of serious offences, for which
punishment ranges from 7 year to life imprisonment, or capital punishment, and such an
accused is suspected deemed to be arrest, a non-bailable arrest warrant is issued.
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A warrant of arrest shall ordinarily be directed to one or more police officers, it may be directed
to persons other than police if the following conditions are fulfilled.
A District Magistrate or Sub Divisional Magistrate may direct a warrant to any land holder,
farmer, or a manager of land within its district or sub-division for arrest of :-
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