PROCESS TO COMPEL

APPEARANCE-2 – WARRANT
OF ARREST
CHAPTER 6
 WARRANT AND DURATION OF WARRANT

• Q17: WHAT IS WARRANT AND WARRANT OF ARREST?

• ANS- IT IS THE SECOND METHOD OF SECURING ATTENDANCE OF A PERSON BY MEANS OF A
WARRANT OF ARREST. THE 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 GROUND ONLY.
• Q18: WHAT IS THE DURATION OF A WARRANT ?
• ANS- EVERY WARRANT SHALL REMAIN IN FORCE UNTIL IT IS CANCELLED BY THE COURT
WHICH ISSUED IT OR UNTIL IT IS EXECUTED. A WARRANT OF ARREST DOES NOT BECOME
INVALID ON THE EXPIRY OF THE DATE FIXED FOR RETURN OF THE WARRANT.
 ESSENTIALS OF WARRANT
• Q 19. WHAT ARE THE FORMS AND ESSENTIALS OF WARRANT?
• ANS- SECTION 70 OF THE CODE GIVES THE ESSENTIALS OF A WARRANT OF ARREST. IT LAYS DOWN THAT COURT
WILL ISSUE WARRANT OF ARREST WHICH SHALL BE IN WRITING, SIGNED BY THE PRESIDING OFFICER OF SUCH
COURT, AND SHALL BEAR THE SEAL OF THE COURT.
• IN ORDER TO BE VALID A WARRANT MUST FULFIL THE FOLLOWING REQUISITES:
• IT MUST BE IN WRITING;
• IT MUST BE SIGNED BY THE PRESIDING OFFICER;
• IT MUST BEAR THE NAME AND DESIGNATION OF THE POLICE OFFICER OR OTHER PERSON WHO IS TO EXECUTE IT;
• IT MUST GIVE FULL PARTICULARS OF THE PERSON TO BE ARRESTED SO AS TO IDENTIFY HIM CLEARLY;
• IT MUST SPECIFY THE OFFENCES CHARGED; AND
• IT MUST BE SCALED.
• SANJAY KUMAR VS STATE OF BIHAR & ANR ON 8 MARCH, 2018, PATNA H.C, ENUMERATED ESSENTIALS, THE
ESSENTIAL REQUIREMENTS FOR A WARRANT OF ARREST ARE THAT IT MUST BE IN WRITING, MUST BE SIGNED BY
THE PRESIDING OFFICER, MUST BE SEALED, MUST CLEARLY IDENTIFY THE PERSONS TO BE ARRESTED, MUST
SPECIFY THE OFFENCE CHARGED, MUST NAME THE PERSONS DIRECTED TO ARREST, MUST PATNA HIGH COURT CR.M
ISC. NO.629 OF 2018 DT.08-03-2018 13/ 19 INDICATE THE AUTHORITY OF THE MAGISTRATE AND MUST MENTION THE
AGE OF THE PERSONS SOUGHT TO BE ARRESTED. IT WOULD BE EVIDENT FROM SUB SECTION (2) OF SECTION 70 OF
THE CR.P.C. THAT WARRANT DOES NOT LAPSE; IT REMAINS VALID AS LONG AS THE MAGISTRATE DOES NOT
EXPLICITLY REVOKE IT.
 SECURITY TO ARRESTED PERSON
• Q20: WHAT IS THE PROCEDURE OF GRANTING SECURITY TO AN ARRESTED
PERSON BY COURT?
• ANS- SECTION 71 OF THE CODE OF CRIMINAL PROCEDURE,1973 DEALS WITH
BAILABLE WARRANT AND LAYS DOWN THAT A WARRANT MAY CONTAIN A
DIRECTION OF THE COURT THAT IF THE PERSON TO BE ARRESTED EXECUTES A
BOND WITH SUFFICIENT SURETIES FOR HIS ATTENDANCE BEFORE THE COURT AT
A SPECIFIED TIME, THE SERVING OFFICER SHALL TAKE SUCH SECURITY AND
RELEASE HIM FROM CUSTODY.
• SUCH A BAILABLE WARRANT SHALL ALSO INCLUDE THE NUMBER OF SURETIES,
THE BOND AMOUNT AND THE TIME PERIOD DURING WHICH THE ARRESTED
PERSON IS SUPPOSED TO ATTEND THE COURT AND THE OFFICER TO WHOM
WARRANT IS DIRECTED SHALL FORWARD THE BOND TO THE COURT.
 TO WHOM WARRANT IS DIRECTED &
CONTENTS
• Q21: TO WHOM WARRANT CAN BE DIRECTED?
• ANS- ACCORDING TO SECTION 72 OF THE CODE OF CRIMINAL PROCEDURE,1973- THE WARRANTS ARE TO BE DIRECTED TO
THE FOLLOWING PERSONS :
• TO ONE OR MORE POLICE OFFICER
• IF NO POLICE OFFICER IS IMMEDIATELY AVAILABLE THAN THE COURT MAY DIRECT IT TO ANY OTHER PERSON OR
PERSONS.
• WHEN WARRANT IS DIRECTED TO MORE OFFICERS OR PERSONS INSTEAD OF ONE THAN IT MAY BE EXECUTED BY ALL OR
BY ANY ONE OF THEM OR MORE OF THEM.
• FOLLOWING ARE THE IMPORTANT CONTENTS OF THE WARRANT :
• NAME OF COURT
• NAME OF POLICE OFFICER
• OFFENCE
• PLACE WHERE OFFENCE HAS COMMITTED
• SEAL OF THE COURT
• SIGNED BY THE PRESIDING OFFICER
• NAME AND ADDRESS OF THE ACCUSED
WARRANT WHEN DIRECTED TO ANY PERSON & ITS EXECUTION

• Q23: CAN WARRANT MAY BE DIRECTED TO ANY PERSON ?

• ANS- AS PER SECTION 73 OF THE CODE OF CRIMINAL PROCEDURE,1973 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, OFFENDER OR PERSON ACCUSED OF A NON-
BAILABLE OFFENCE, OR A PROCLAIMED OFFENDER EVADING ARREST WHO IS
ACCUSED OF A NON-BAILABLE OFFENCE.
• Q24: HOW A WARRANT CAN BE EXECUTED BY ANY PERSON?
• ANS- ACCORDING TO SECTION 73 OF THE CODE OF CRIMINAL PROCEDURE,1973
SUCH PERSON SHALL ACKNOWLEDGE THE RECEIPT OF WARRANT IN WRITING.
AFTER THAT SUCH PERSON SHALL EXECUTE THE WARRANT AGAINST WHOM IT
WAS ISSUED IF HE ENTERS ANY LAND OR OTHER PROPERTY UNDER HIS CHARGE.
AFTER THE ARREST HAS BEEN MADE, ARRESTED PERSON SHALL BE MADE OVER
WITH THE WARRANT TO THE NEAREST POLICE OFFICER WHO SHALL TAKE HIM
 CONTI….

• HELD IN DAWOOD IBRAHIM KASKAR (1997), THAT A WARRANT UNDER SECTION

73 IS AND CAN BE ISSUED FOR APPEARANCE BEFORE THE COURT ONLY AND NOT
THE POLICE AND SINCE AUTHORIZATION FOR DETENTION IN POLICE CUSTODY IS
NEITHER TO BE GIVEN AS A MATTER OF COURSE OR MERE ASKING BUT ONLY
AFTER THE EXERCISE OF JUDICIAL DISCREATION BASED ON MATERIALS PLACED
BEFORE HIM. IT CANNOT BE SAID THAT WARRANT OF ARREST UNDER SECTION 73
COULD BE ISSUED BY THE COURTS SOLELY FOR THE PRODUCTION OF THE
ACCUSED BEFORE THE POLICE IN AID OF INVESTIGATION.
 EXECUTION OF WARRANT

• Q25: HOW THE EXECUTION OF THE WARRANT IS DONE BY A POLICE OFFICER?

• ANS- ACCORDING TO SECTION 74 A WARRANT CAN BE EXECUTED BY A POLICE
OFFICER TO WHOM IT HAS BEEN DIRECTED OR MAY ALSO BE EXECUTED BY ANY
OTHER POLICE OFFICER WHOSE NAME IS ENDORSED UPON THE WARRANT BY
THE OFFICER TO WHOM WARRANT WAS DIRECTED OR ENDORSED.
• JOSEPH 1964- ENDORSEMENT MUST BE IN THE NAME OF THE POLICE OFFICER
AND NOT HIS DESIGNATION, FOR ENDORSEMENT BY DESIGNATION IS NOT
STRICTLY LEGAL.
 WARRANT SUBSTANCE TO BE NOTIFIED

• Q26: WHAT IS THE NOTIFICATION OF SUBSTANCE OF WARRANT?

• ANS- SECTION 75 DEALS WITH NOTIFICATION OF THE SUBSTANCE OF THE WARRANT AND
MANDATES EVERY POLICE OFFICER (OR ANY OTHER OFFICER) TO NOTIFY THE SUBSTANCE OF
THE WARRANT TO THE PERSON WHOM HE OR SHE IS ARRESTING. FAILURE ON THE OFFICER'S
PART WOULD GIVE THE PERSON SOUGHT TO BE ARRESTED, THE RIGHT OF PRIVATE DEFENCE AND
CONSEQUENTLY ANY RESISTANCE OFFERED BY SUCH PERSON WILL NOT BE PUNISHABLE.
• ANAND LAL BERA V EMPRESS, ILR 10 CAL 18, HELD THAT POLICE OFFICER MUST PROCEED TO
MAKE AN ARREST ONLY WHEN HE IS IN POSSESSION OF ARREST WARRANT AS THE ACCUSED HAS
THE RIGHT TO SEE IT.
 ARRESTED PERSON TO BE PRESENTED
BEFORE COURT
• Q27: WHAT IS PROCEDURE TO BROUGHT AN ARRESTED PERSON BEFORE COURT
WITHOUT ANY DELAY?
• ANS- SECTION 76 STIPULATES THAT THE PERSON ARRESTED MUST BE BROUGHT BEFORE
THE COURT( SUBJECT TO PROVISIONS OF SECTION 71 AS TO SECURITY) WITHOUT
UNNECESSARY DELAY. AS PER THE PROVISO IT IS CLEAR THAT THE DELAY, UNLESS
CAUSED BY EXTRANEOUS CIRCUMSTANCES, CANNOT BE MORE THAN TWENTY-FOUR
HOURS FROM THE PLACE OF ARREST TO THE MAGISTRATE'S COURT.
 PLACE OF EXECUTION OF WARRANT

• Q28: WHERE WARRANT CAN BE EXECUTED?

• ANS-  SECTION 77 OF THE CODE OF CRIMINAL PROCEDURE,1973 PROVIDES THE
FUNCTIONARIES THE POWER TO EXECUTE WARRANTS ANYWHERE IN INDIA, THE
OTHER SECTIONS ARE MERELY PROCEDURAL AND LAY DOWN ELABORATE RULES
OF DEALING WITH THE EXECUTION OF WARRANTS OUTSIDE THE LOCAL
JURISDICTION OF THE COURT ISSUING IT.
• STATE OF WEST BENGAL V JUGAL KISHORE , AIR 1961, SC 1971-EXECUTION OF
WARRANT IS NOT LIMITED TO LOCAL JURISDICTION OF THE MAGISTRATE
ISSUING THE WARRANT OR THE COURT TO WHICH HE IS SUBORDINATE.
 PROCEDURE OF WARRANT EXECUTION OUTSIDE JURISDICTION

• Q29: WHAT IS THE PROCEDURE FOR EXECUTION OF A WARRANT OUTSIDE JURISDICTION?

• ANS- THE PROVISIONS OF SECTION 78 PROVIDES ADEQUATE SAFEGUARDS TO A PERSON TO BE
ARRESTED SO THAT HE IS NOT ARRESTED WITHOUT HAVING A PROPER AUTHORITY AND APPLIED
HIS MIND AS TO THE LEGALITY OF THE WARRANT AND AUTHORISED THE ARREST OUTSIDE THE
JURISDICTION OF THE COURT WHICH HAD ISSUED THE WARRANT. SUCH WARRANT IS
FORWARDED TO THE LOCAL AUTHORITIES UNDER WHOSE JURISDICTION IT IS TO BE EXECUTED
INSTEAD OF DIRECTING THE WARRANT TO A POLICE OFFICER.
• WHERE A WARRANT UNDER THIS SECTION IS ISSUED, IT SHOULD BEAR THE NAME AND
DESCRIPTION OF THE PARTICULAR PERSON INTENDED TO BE ARRESTED; OTHERWISE IT WILL
NOT BE A VALID WARRANT.
• SUB-SECTION (2) MAKES IT OBLIGATORY FOR THE ISSUING COURT TO FORWARD WARRANT AS
WELL AS SUBSTANCE OF THE INFORMATION AGAINST THE PERSON TO BE ARRESTED AND ALSO
DOCUMENTS, IF ANY. THIS WILL ENABLE THE COURT TO DECIDE WHETHER BAIL MAY OR MAY
NOT BE GRANTED BEFORE WHOM SUCH PERSON IS PRODUCED.
• IN S VELAPPAN, AIR 1965, KERALA, ARREST WAS ISSUED ON PROPRIETOR OF FIRM WITHOUT
NAME OR DESCRIPTION, HELD SUCH ARREST WAS NOT VALID.
 PROCEDURE FOLLOWED BY POLICE
• Q30: WHAT IS THE PROCEDURE TO DIRECT A POLICE OFFICER FOR EXECUTION OF A
WARRANT OUTSIDE JURISDICTION?
• ANS- SECTION 79 OF THE CODE OF CRIMINAL PROCEDURE,1973 STATES THAT A WARRANT MAY
BE DIRECTED TO A POLICE OFFICER OUTSIDE THE JURISDICTION OF THE JUDICIAL
MAGISTRATE, HOWEVER THIS MUST BE ENDORSED BY THE EXECUTIVE MAGISTRATE OR TO A
POLICE OFFICER NOT BELOW THE RANK OF AN OFFICER IN CHARGE OF A POLICE STATION.
• SUB-SECTION (2) STATES ENDORSEMENT OF HIS NAME BY SUCH MAGISTRATE OR POLICE
OFFICER SHALL BE SUFFICIENT AUTHORITY TO THE POLICE OFFICER TO WHOM THE WARRANT
IS DIRECTED AND TO EXECUTE THE SAME THE LOCAL POLICE SHALL ASSIST SUCH OFFICER.
• SUB-SECTION (3) GIVES POWER TO THE POLICE OFFICER TO WHOM WARRANT IS DIRECTED TO
EXECUTE THE SAME WHEN THERE IS REASON TO BELIEVE THAT DELAY CAN BE OCCASIONED
BY OBTAINING THE ENDORSEMENT. THAN HE CAN WITHOUT ENDORSEMENT OF MAGISTRATE
OR POLICE OFFICER WITHIN WHOSE LOCAL JURISDICTION THE WARRANT HAS TO BE
EXECUTED, MAY EXECUTE THE SAME IN ANY PLACE BEYOND THE LOCAL JURISDICTION OF
THE COURT WHO HAS ISSUED IT.
 PROCEDURE ON ARREST OF PERSON

• Q31: WHAT IS THE PROCEDURE ON ARREST OF PERSON AGAINST WHOM WARRANT IS

ISSUED?
• ANS- SECTION 80 OF THE CODE OF CRIMINAL PROCEDURE,1973 STATES THAT THE PERSON
SHALL BE ARRESTED AND SHALL BE TAKEN TO THE COURT WHO ISSUED THE WARRANT IF
THE COURT IS WITHIN 30 KILOMETRES OF THE PLACE OF ARREST. OTHERWISE, THE PERSON
SHALL BE TAKEN TO THE EXECUTIVE MAGISTRATE OR DISTRICT SUPERINTENDENT OF
POLICE OR COMMISSIONER OF POLICE WITHIN THE LOCAL LIMITS OF WHOSE JURISDICTION
THE ARREST WAS DONE OR UNLESS SECURITY HAS BEEN TAKEN UNDER SECTION 71, THEN HE
HAS TO BE TAKEN BEFORE SUCH MAGISTRATE OR DISTRICT SUPERINTENDENT OR
COMMISSIONER.
 PROCEDURE FOLLOWED BY MAGISTRATE
• Q32: WHAT PROCEDURE IS FOLLOWED BY MAGISTRATE BEFORE WHOM ARRESTED
PERSON IS BROUGHT?
• ANS- SECTION 81 OF THE CODE OF CRIMINAL PROCEDURE,1973 LAYS DOWN THE
PROCEDURE TO BE FOLLOWED BY THE EXECUTING MAGISTRATE BEFORE WHOM PERSON
ARRESTED UNDER A WARRANT IS PRODUCED.
• IT ALSO STATES THAT ONCE THE ARRESTED PERSON IS PRODUCED BEFORE THE
MAGISTRATE, THE MAGISTRATE SHALL GRANT A BAIL TO A PERSON WHO IS ARRESTED
FOR A BAILABLE OFFENCE PROVIDED THAT THE PERSON IS READY TO PROVIDE THE
SECURITY. IF THE PERSON IS ARRESTED FOR A NON-BAILABLE OFFENCE THEN THE
MAGISTRATE MAY GRANT BAIL BASED ON DOCUMENTS OF THE CASE.
• *ALSO SECTION 81 DOES NOT ENVISAGE THE GRANT OF BAIL BY THE C.J.M. OR THE COURT
OF SESSION HAVING JURISDICTION OVER THE PLACE OF PERSON ARRESTED BY THE POLICE
WITHOUT WARRANT.
 CASE IN POINT
• P.PUSHPAVATHY VS. MINISTRY OF EXTERNAL AFFAIRS, JUNE 27 2013, BASICALLY AN EXTRADITION CASE
OF A PRIEST WHO HAD RAPED 14 YEAR OLD GIRL IN USA, AND HE WAS CHARGED WHEN HE CAME TO INDIA
TO VISIT AILING MOTHER. HIS SISTER FILED WRIT OF HABEAS CORPUS
• IN THIS CASE, PURSUANT TO THE WARRANT OF ARREST ISSUED BY THE ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE, NEW DELHI, THE ACCUSED WAS ARRESTED ON 16.03.2012 AT 14.00 HOURS AT CHIMITAHALLI
WITHIN THALAVADI POLICE STATION LIMITS, SATHYAMANGALAM SUB-DIVISION, ERODE DISTRICT, TAMIL
NADU, AND PRODUCED BEFORE THE SUPERINTENDENT OF POLICE, ERODE, ON THE SAME DAY I.E.,
16.03.2012 AT 20.00 HOURS BY THE INSPECTOR OF POLICE, THALAVADI CIRCLE POLICE STATION AND HIS
TEAM, AS THE COURT, WHICH ISSUED THE WARRANT WAS BEYOND THIRTY KILOMETRES OF THE PLACE OF
ARREST AND NOT NEARER THAN THE SUPERINTENDENT OF POLICE WITHIN THE LOCAL LIMITS OF WHOSE
JURISDICTION THE ARREST WAS MADE. THEREAFTER, UNDER SECTION 81, THE SUPERINTENDENT OF
POLICE, AS THE PERSON ARRESTED APPEARED TO BE THE PERSON INTENDED BY THE COURT WHICH
ISSUED THE WARRANT, DIRECTED HIS REMOVAL IN CUSTODY TO SUCH COURT.