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Law of Warrants PDF
Law of Warrants PDF
Law of Warrants
By
[Justice ® Dr. Munir Ahmad Mughal]
Introduction
WHAT IS A WARRANT ?
A warrant is an order addressed
to a certain person directing him
to arrest the accused and to
produce him before the court. It
is executed by a Magistrate on
good and legal grounds only.1
1
13 WR 27
3
WHAT ARE THE ESSENTIALS
OF A WARRANT OF ARREST
AND FROM WHERE THOSE
CAN BE KNOWN?
4
who is issuing it must be on it
by manual signing and not
by affixing his name stamp,
That it must be sealed with
the seal of the Court, and
That it must bear the name
and designation of the
person,
That where it is issued by a
bench of the Magistrate then
it must be signed by any one
member of such bench.
That a warrant issued under
section 75 remains in force
until it is cancelled by the
Court issuing it.2 It means
that the court issuing a
warrant of arrest has a
discretion to cancel it and
2
Sub-section (2) of section 75 of the Code of Criminal Procedure, 1898.
5
issue a summons instead of
it. When a Court issuing a
warrant cancels it, such
warrant ceases to be
effective. 3
That the status of a warrant
of arrest is that of a public
document and it can be
proved by the production of a
certified copy of the same.4
3
AIR 1940 All. 178
4
AIR 1968 Guj. 100
5
Section 75 of the Code of Criminal Procedure, 1898.
6
outside the limits of
jurisdiction of a Magistrate?
7
officer. Warrant not signed is
invalid.7
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thereafter , the officer to whom
the warrant is directed shall
take such security and shall
release such person from
custody.
TO WHOM A WARRANTOF
ARREST MAY BE DIRECTED
BY THE ISSUING COURT?
9
3. No police officer should be
immediately available.
8
Ordinance II of 2010; PLD 2011 Bal. St. 1.
10
[Section 78 (1) of the Code of
Criminal Procedure, 1898].
11
made it mandatory for the
executing officer to notify the
substance of the Warrant to the
person to be arrested.9
Further that an opportunity is to
be afforded to the person to be
arrested to read the same (i.e.
the warrant).10
PERSON ARRESTED IS TO BE
BROUGHT BEFORE COURT
WITHOUT DELAY
12
security) without unnecessary
delay bring the person arrested
before the Court before which
he is required by law to produce
this person.
11
ACTVIII of 1993 added this Explanation to section 82 of the Code of Criminal Procedure, 1898, See PLJ
1993 Fed. St. 195.
13
It means a warrant issued by
courts of Pakistan as well as by
courts of AJ&Kashmir are
executable both i Pakistan and
in the territory of AJ&Kashmir.
14
enabled to arrange his lawful
defence.12
15
(b) if such person has appeared
in the court, without offering
reasonable excuse, inspite his
service in time.
The recording of reasons in
writing is a condition precedent
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to the exercise of the power.
The omission to do so is an
irregularity not cured by section
537 the Code of Criminal
Procedure, 1898. The adoption
of stereo typed printed form
(Schedule V No. VII) is not
sufficient compliance with the
imperative language of the
section.
13
A condition is a stipulation. It is of three kinds, namely, condition precedent, condition subsequent,
condition throughout. Condition precedent is that which must be fulfilled before doing an act. If that
condition is not fulfilled the action will be invalid. A condition throughout means that condition or state of
affairs that must remain prevailing from start to end. As in civil cases the right of pre-emption must exist
throughout the continuity of the suit. A condition subsequent is that which is after the doing of the act. Here
the power to issue a warrant lies with a Court who can issue summons. But to exercise that power the
condition precedent is the recording of reasons in writing to the exercise of that power. Non compliance of
a mandatory thing is called a violation of law and it renders the proceeding unlawful and thus illegal and
section 537 of the Code of Criminal Procedure, 1898 is of no help to cure any such irregularity which is in
fact and in law an illegality.
16
FOR CLOSING PROSECUTION
CASE RESORTING TO
COERCIVE MEASURE TO
OBTAIN ATTENDANCE OF
THE WITNESSES IS AN
OBLIGATION ON THE COURT:
17
Requirements of section 90 that
court should record its reasons
in writing before issuing NBWs
is directory. Held issuance of
NBWs in first instance after
taking cognizance under section
204 the Code of Criminal
Procedure, 1898 was not called
for.14
CONCLUSION
Substance of a warrant is to be
notified to the person to be
arrested and if required it is to
be shown to him [s. 80 of the
Code of Criminal Procedure,
1898];
14
NLR 1990 Cr. Sukkur p. 495.
.
18
Person arrested is to be brought
without delay to the Court
before which he is to be
produced [s. 81 of the Code of
Criminal Procedure, 1898 ]; and
A warrant may be executed any
where in Pakistan [s. 82 of the
Code of Criminal Procedure,
1898].
BIBLIOGRAPHY
Constitution of Pakistan
1973
The Code of Criminal
Procedure, 1898
The Frontier Crimes
Regulations
19
Qanun-i-Shahadat Order,
1984.
Pakistan Legal Digest.
All India Reporter.
Pakistan Law Journal.
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