Project Report

On

The Code of Criminal Procedure

Of

topic: Arrest With Warrant (SS 70-81 of Cr.P.C)

BY : TO:
Porush Jain Dr. Anju Chowdary
Roll No. : 209/19
B.Com.LL.B(Hons)-D
Sem. : 5th

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Acknowledgment

I would like to express my gratitude to my Code of Criminal Procedure teacher,

Dr. Anju Chowdary and to the Director , Dr. Rajinder Kaur , for providing me
with the opportunity to do this project and to do research on the topic – Effect
of adoption . This project has helped me a lot in doing research and I got to
learn many new things from it about the topic and the subject. I also want to
thank my teacher , friends and family to help in doing this project .
I hope this project serves it purpose and is worthwhile to all the readers

Porush Jain

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Table of Cases

1. Arun Kumar V. State of NCT of Delhi ……………………………13

2. Indra Mohan Gowswamy and Anr . V. State of Uttaranchal……….8
3. Pradeep Sonar Vs. State of Kerala…………………………………..9
4. Raghuvansh Dewanchand Bhasin Vs. State of Maharashtra..….14

5. State Vs. Dawood Ibrahim Kaskar…………………………………..6

6. Suresh Kumar V. State of Rajasthan…………………………………8

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Index

Sr. No. Particular Page No.

1 Introduction to Warrant 5

2. Form and Contents of Warrant 6

3. Types of Warrant 7-9

4. Duties of Officer 10

5. Execution of Warrant outside jurisdiction 11-13

6. Raghuvansh Dewanchand Bhasin Vs. 14

State of Maharashtra

7. Conclusion 15

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Introduction to WARRANT

The term warrant is not defined in the Code of Criminal Procedure. As per
concise Oxford dictionary, “Warrant is an official authorization enabling the
police or some other body to make an arrest, search premises etc”. Thus it is an
order or writ of the Court directing and empowering a particular
person/authority to execute the directions in the warrant. Such direction may be
of several kinds such as to arrest, to search, to receive an accused into
custody, to direct to produce an accused/prisoner before the Court issuing the
directions or before the superior court for trial. Section 2(x) of CrPC,1973
states Warrant Case as a case relating to an offence punishable with death,
imprisonment for life or imprisonment for a term exceeding two years. A
Warrant of arrest is a written order issued and signed by a Magistrate and
addressed to a police officer or some other person specially named and
commanding him to arrest the body of the accused person named in it.

The decision to issue or not to issue a warrant involves a balancing of a social

interests with those of the individual accused. If the accused person is likely to
disobey the summons, social interests would demand that he be arrested and
detained so that he can be effectively put on his trail. On the other hand, the
accused person would claim that he should not be subjected to arrest and
detention before his guilt is established in a fair trial.

Chapter VI of Code of Criminal Procedure deals with process to compel

appearance. The warrant may be issued to Police Officer or any other person
to execute the same.

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Forms and Contents of Warrant of Arrest
As per Sec. 70 of Cr.P.C., every warrant of arrest issued by the court shall
be signed by the Presiding Officer of such court and shall bear seal of the court
and every such warrant shall remain in force until it is canceled by the court
which issued or until it is executed. A warrant of arrest is written authority
given by a competent Magistrate for the arrest of a person. The warrant of arrest
must be in writing and must have been signed and sealed by a magistrate or a
court. It must clearly mention the name and other particulars of the person to be
arrested and must specify the offence with which he is charged. In case of State
Vs. Dawood Ibrahim Kaskar,1 the supreme court held that, even in the course
of investigation and before taking the cognizance of the case warrant can be
issued.

Form 2 of The Second Schedule of Cr.P.C, 1973 give the form of warrant of
arrest
To ……… (name and designation of the person or persons who is or are to execute
the warrant).
WHEREAS (name of accused) of (address) stands charged with the offence of
……… (state the offence), you are hereby directed to arrest the said ……… and to
produce him before me. Herein fail not.
Dated, this ……… day of ………, 20 ………
(Seal of the Court)
(Signature)2

1 AIR 1997 S.C. 2494

2 Form 2 of The Second Schedule Cr.P.C, 1973

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Types of Warrant

There are basicly three types of Warrant Bailable warrant, Non Bailable
Warrant and transit warrant

1. Bailable Warrant means the warrant has been ordered to be issued and when
the warrant is executed, the accused will not be arrested and released on bail.
The condition like surety etc are already given in the order. this is done to
compel the accused to appear in court on next date of hearing. Sec. 71 deals
with bailable warrants. As per Sec. 71 any court issuing a warrant for the arrest
of any person may in its discretion direct by an endorsement on the warrant
that if such person executes a bond with sufficient sureties for his attendance
before the court at a specified time and thereafter until otherwise directed by
the court, the officer to whom the warrant is directed shall take such security
and shall release such person from custody. The endorsement shall state the
number of sureties, amount in which they and the person for whose arrest
warrant issued, are to be respectively bound, the time at which he is to attend
before the court. Whenever security is taken under this section, the officer
whom warrant is directed shall forward the bond to the court.

Form 2 of The Second Schedule of Cr.P.C, 1973 the security form

This warrant may be endorsed as follows —
If the said ……… shall give bail himself in the sum of rupees ……… with one surety
in the sum of rupees ……… (or two sureties each in the sum of rupees ………) to
attend before me on the ……… day of ……… and to continue so to attend until
otherwise directed by me, he may be released.
Dated, this ……… day of ………, 20 ………
(Seal of the Court)
(Signature)

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2. Non-bailable warrant is other than the bailable warrant. Section 73, which
appears in the said Chapter, deals with issue of warrants against persons. Sub-
section (1) of Section 73 provides that 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 any escaped convict, proclaimed offender or
of any person who is accused of a non bailable offence and most importantly
evading arrest. Subsection (3) of Section 73 provides that, 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. The issuance of non-bailable warrants involves interference with
personal liberty. Arrest and imprisonment means deprivation of the most
precious right of an individual. Therefore, the courts have to be extremely
careful before issuing non-bailable warrants.3 In the case of Indra Mohan
Gowswamy and Anr . V. State of Uttaranchal 4 the Hon'ble Apex court held
that Nonbailable warrant normally not to be issued if presence of accused
could be secured. The Hon'ble Apex court further held that nonbailable warrant
should be issued to bring the person to court when summons and bailable
warrant would be unlikely to have the desired result. This could be
reasonable to believe that the person willing to appear in court or the Police
authorities are unable to find the person to serve him with summons or it is
considered that the person could harm some one if not placed into custody
immediately. The Hon'ble Apex court held that some times in the larger interest
of the public and the State it becomes absolutely imperative to curtail the
freedom of individual for a certain period, only then nonbailable warrants

3 Suresh Kumar vs State Of Rajasthan 2011

4 2007 12 SCC 1

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should be issued.

3. Transit Warrant/Remand: The term Transit warrant/Remand is neither

mentioned nor defined in the Cr.P.C and is rather a term that has evolved
through its usage in common parlance. It can be said to be the remand of the
accused, sought by the police, for taking the accused from one place to another
in their own custody, usually for the purpose of producing him before the
concerned magistrate who has jurisdiction to try/commit the case (Jurisdictional
Magistrate). Therefore the primary purpose of such a remand is to enable the
police to shift the person in custody from the place of arrest to the place where
the matter can be investigated and tried. For Example in case of Vikas Dubey,
the crime was said to have been committed in Kanpur, as such the courts in
Kanpur shall ultimately have jurisdiction in the matter. As such, when the
accused was arrested in Ujjain, it would have been necessary for the U.P Police
to take the accused to Kanpur for further investigation and trial. Now in order
for the police to have kept the accused in their own custody beyond 24 hours
and themselves produce him before the Jurisdictional magistrate at Kanpur, the
police would have had to seek the permission of the court at Ujjain for transit
remand. In the case of Pradeep Sonar Vs. State of Kerala5 the accused fled
from Kerala to West Bengal and was living with his wife and children but the
Transit Warrant was issued against him and he was arrested and took back from
West Bengal to Kerala for the Trail.

5 Crl.Appeal No.539 of 2015

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Duties of Officers

1. Present the warrant to the person : Section 72 of the Cr.P.C,1973 states that
the warrant shall be issued to one or more officers who shall be executed by one
or both. But the court may issue a warrant if its immediate execution is
necessary and no police officer is immediate available so court may direct it to
any other person or persons and it is duty of that person to execute the same as
soon as possible.

2. To tell the reason for Warrant: Section 73 of the Cr.P.C, states that it is the
duty of officer who is executing the warrant to notify the substance thereof to
the person to be arrested, and if so required, shall show him warrant.

3. Presenting the accused: Sec.76 provides the Police Officer executing the
warrant shall produce the arrested person immediately not exceeding 24
hours beforethe Magistrate. The Police Officer executing the warrants shall
communicate the substance of warrant to the said person or show warrant to
him. The warrants are executable throughout the India6. The twenty four hours
exclude the time necessary for the journey from the place of arrest to the
Magistrate’s Court.

6 Section 74 of Cr.P.C,1973

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Execution of Warrants outside Jurisdiction

1.Warrant forwarded to Executive Magistrate or District

Superintendent of Police or Commissioner of Police within the
local limits of whose jurisdiction is to be executed

According to Section 78(1) Warrant of arrest may be sent by post, to the

Magistrate or District Superintendent of Police or Commissioner of Police
within the local limits of whose jurisdiction where is to be executed. When the
warrant executed beyond the local limits of the Court issuing warrant,
Executive Magistrate or police officer in charge of a police station, within the
local limits of whose jurisdiction the warrant is to be executed shall endorse his
name thereon. When the warrant of arrest executed outside the district, the
person arrested shall be taken before the Magistrate or DSP within whose
jurisdiction arrest is made.

Section 78(2) impose duty to the court that while issuing warrant shall
forward, along with the warrant, the substance of the information against the
person to be arrested together with such documents, if any, as may be
sufficient to enable the court acting under section 81 to decide whether the
bail should or should not be granted to the person.

2. Warrant directed to police officers

Section 79 dealt with the warrant which is directed to police officer for
execution of warrant outside the jurisdiction. Section 79(1) states that When a
warrant directed to a police officer is to be executed beyond the local
jurisdiction of the Court issuing the same, the police officer shall ordinarily

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 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.

Section 79(2) provides that such executive magistrate or police officer shall
endorse the name of that police officer to whom the warrant was directed to
execute the same and the local police shall, if required assist the police officer
to execute that warrant. If 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.7

3. Procedure on arrest
Section 80 of Cr.P.C,1973 states that when a warrant of arrest is executed
outside the district in which it was issued, the person arrested shall, be taken
before such Magistrate or District Superintendent or Commissioner in which
jurisdiction is arrested. But there are some exception to it

1. The Court which issued the warrant is within thirty kilometres of the place of
arrest
2. The place of arrest is nearer than the Executive Magistrate or District
Superintendent of Police or Commissioner of Police within the local limits of
whose jurisdiction the arrest was made
3.Security is taken under section 71 or person released on bail

7 Section 79(3) of Cr.P.C, 1973

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4. Procedure by Magistrate
Section 81 of Cr.P.C,1973 states that The Executive Magistrate or District
Superintendent of Police or Commissioner of Police shall, if the person arrested
appears to be the person intended by the Court which issued the warrant, direct
his removal in custody to such Court.

1. If the offence is Bailable:

 Person is already and willing to give bail to the satisfaction of such

Magistrate, District Superintendent or Commissioner, or a direction
has been endorsed under section 71 on the warrant
 Person is ready and willing to give the security required by the
Magistrate, District Superintendent or Commissioner shall take such
bail or security

Then the Executive Magistrate or District Superintendent of Police or

Commissioner of Police shall forward the bond, to the Court which issued the
warrant

2. If the offence is Non-Bailable:

It shall be lawful for the Chief Judicial Magistrate, 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, to release such
person on bail.

In the case of Arun Kumar V. State of NCT of Delhi 8 the court held that in the
context of Section 78(2) and second provision of Section 81 the law hasn’t
chosen to give any such enabling power to grant bail to courts other than one
having jurisdiction over the area of commission of offence.

8 1999 Cri LJ 4021 (Del)

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In the case of Raghuvansh Dewanchand Bhasin Vs. State of
Maharashtra and another9 the apex court issued some guideline which
subordinate courts have to follow while issuing Non-Bailable Warrant that:

1. Use printed and machine numbered Form No. 2 for issuing warrant of arrest

2. The court must ensure that complete particulars of the case are mentioned
on the warrant

3. The presiding Judge of the court issuing the warrant should put his full
and legible signatures on the process also ensuring that Court seal bearing
complete particulars of the Court is prominently endorsed thereon.

4. The Court must ensure that warrant is directed to a particular police officer
and, it must be returnable whether executed or unexecuted, on or before the
date specified therein

5. Every Court must maintain a register in which each warrant of arrest issued
must be entered chronologically and the serial number

6. In event of cancelation of warrant it should be maintained in register and a

copy of the cancelation must be send to police station.
7. In the event of warrant for execution beyond jurisdiction of the Court
issuing it, procedure laid down in Sections 78 and 79 of the Code must be
strictly and scrupulously followed and etc.

9 (2012) 9 SCC 791

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Conclusion

The warrant is very important concept in Criminal Law. Arrest and

imprisonment means deprivation of the most precious right of an individual.
Therefore, the courts have to be extremely careful before issuing non-
bailable warrants they should use printed and machine numbered Form No. 2
for issuing warrant of arrest. The court must ensure that complete particulars
of the case are mentioned on the warrant. The presiding Judge of the court
issuing the warrant should put his full and legible signatures on the process
also ensuring that Court seal bearing complete particulars of the Court is
prominently endorsed thereon. The Court must ensure that warrant is directed
to a particular police officer and, it must be returnable whether executed or
unexecuted, on or before the date specified therein. Every Court must
maintain a register in which each warrant of arrest issued must be entered
chronologically and the serial number

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