Warrant Of Arrest under CRIMINAL PROCEDURE CODE 1974 BY UTKARSH JOSHI

1. WARRANT OF ARREST
THE CODE OF CRIMINAL PROCEDURE, 1973
UTKARSH R JOSHI
B.A LL.B 9TH SEMESTER
ROLL NO : 15

2. SECTION 70 FORM OF WARRANT OF ARREST
AND DURATION.
• WARRANT SHALL BE IN WRITING
• SHALL BEAR THE SEAL OF THE COURT
• SIGNED BY THE PRESIDING OFFICER
• SHALL INCLUDE FULL NAME, CAST, NATIONALITY AND ADDRESS OF PERSON TO BE
ARRESTED; SO AS TO PLACE HIS IDENTITY BEYOND REASONABLE DOUBT
• THE OFFENCE CHARGED SHALL BE SPECIFIED IN THE WARRANT
• A WARRANT SHALL REMAIN INFORCE UNTIL IT IS EXECUTED OR CANCELLED
• AS SOON AS THE PERSON AGAINST WHOM A WARRANT OF ARREST HAS BEEN ISSUED IS
ARRESTED, IT COMES TO AN END

3. The
Amount
of Bond
The Time to
appear before
the Court
The
Number of
Sureties
SECTION 71 POWER TO DIRECT SECURITY TO
BE TAKEN.
• ANY COURT ISSUING WARRANT FOR THE ARREST MAY IN IT’S
DISCRETION DIRECT BY ENDORSEMENT ON THE WARRANT THAT IF SUCH
PERSON EXECUTES A BAND WITH SUFFICIENT SURETIES FOR HIS
ATTENDANCE BEFORE THE COURT THE PERSON EXECUTING THE
WARRANT CAN RELEASE THAT PERSON.
• THE ENDORSEMENT SHALL STATE :
• IF ACCUSED EXECUTED THE BOND FOR HIS RELEASE
THE EXECUTING OFFICER SHALL SEND THE SAID BOND
TO THE COURT

4. SECTION 72 WARRANTS TO WHOM DIRECTED.
• A WARRANT OF ARREST SHALL ORDINARILY BE DIRECTED TO ONE OR MORE
POLICE OFFICER
• IF IMMEDIATE EXECUTION IS NECESSARY AND NO POLICE OFFICER THEN ANY
OTHER PERSON
• IT MAY BE EXECUTED BY ALL, OR BY ANY ONE OF THEM OR MORE

5. SECTION 73 WARRANT MAY BE DIRECTED TO
ANY PERSON.
The CJM & JMFC may direct
the warrant to any person
within his Jurisdiction for the
arrest of the any.
Escaped Convict
Proclaimed
Offender
Acsused of non
bailable offence,
Evading arrest
• Such Person shall acknowledge in writing the
receipt of the warrant and shall execute it if
the person for whose arrest it was issued, is
in, or enters on any land or other property
under his charge.
• If the Person is arrested he shall be made
over with the warrant to the nearest police
officer who shall cause him to be taken
before Magistrate

6. SECTION 74 WARRANT DIRECTED TO POLICE
OFFICER.
• A WARRANT OF ARREST MAY BE EXECUTED BY THE POLICE OFFICER TO WHOM IT
IS DIRECTED
• HE MAY BE MAKING ENFORCEMENT MAY GIVE IT TO ANY OTHER POLICE OFFICER
FOR EXECUTION.

7. SECTION 75 NOTIFICATION OF SUBSTANCE
OF WARRANT.
• DUTY OF THE SERVING OFFICER TO NOTIFY THE
SUBSTANCE OF WARRANT TO THE PERSON ARRESTED.
• TO SHOW THE WARRANT IF DEMANDED BY THE PERSON
TO BE ARRESTED

8. SECTION 76 PERSON ARRESTED TO BE
BROUGHT BEFORE COURT WITHOUT DELAY.
• THE POLICE OFFICER OR OTHER PERSON EXECUTING A WARRANT OF ARREST
SHALL WITHOUT UNNECESSARY DELAY BRING THE PERSON BEFORE THE COURT.
• SUCH DELAY SHALL NOT, IN ANY CASE, EXCEED 24 HOURS EXCLUSIVE OF THE
TIME NECESSARY FOR THE JOURNEY FROM THE PLACE OF ARREST TO THE
MAGISTRATE’S COURT

9. SECTION 77 WHERE WARRANT MAY BE
EXECUTED.
• A WARRANT OF ARREST MAY
BE EXECUTED AT ANY PLACE
IN INDIA

10. SECTION 78 WARRANT FORWARDED FOR
EXECUTION OUTSIDE JURISDICTION.
• SUCH COURT MAY INSTEAD OF DIRECTING THE WARRANT TO A POLICE OFFICER
WITHIN ITS JURISDICTION;
• FORWARD IT BY POST TO ANY EXECUTIVE MAGISTRATE OR DISTRICT S.P. OR
COMMISSIONER OR POLICE WITHIN THE LOCAL LIMITS OF WHOSE JURISDICTION
IT IS TO BE EXECUTED.
• EXECUTIVE MAGISTRATE S.P. & POLICE SHALL ENDORSE HIS NAME THERE ON
AND IF PRACTICABLE CAUSE IT TO BE EXECUTED IN THE MANNER PROVIDED.

11. SECTION 79 WARRANT DIRECTED TO POLICE
OFFICER FOR EXECUTION OUTSIDE
JURISDICTION.
• HE SHALL ORDINARILY TAKE IT FOR ENDORSEMENT EITHER TO AN EXECUTIVE
MAGISTRATE OR TO A POLICE OFFICER NOT BELOW THE RANK OF OFFICER IN
CHARGE OF POLICE STATION
• SUCH ENDORSEMENT SHALL BE SUFFICIENT AUTHORITY TO ARREST AND
EXECUTE THE WARRANT THE LOCAL POLICE SHALL IF SO REQUIRED ASSIST SUCH
OFFICER
• THERE IS A REASON TO BELIEVE THAT THE DELAY OCCASIONED OBTAINING THE
ENDORSEMENT

12. SECTION 80 PROCEDURE ON ARREST OF
PERSON AGAINST WHOM WARRANT ISSUED.
• WHEN WARRANT IS EXECUTED OUTSIDE THE JURISDICTION OF COURT ISSUING
IT.
• AND PLACE OF ARREST IS NOT WITHIN 30 KILOMETERS FROM ISSUING COURT
• THE EXECUTING OFFICER SHALL PRODUCE THE ACCUSED BEFORE THE NEAREST
MAGISTRATE OR S.P. OR COMMISSIONER

13. SECTION 81 PROCEDURE BY MAGISTRATE
BEFORE WHOM SUCH PERSON ARRESTED IS
BROUGHT
• AFTER PRODUCING THE ARRESTED PERSON SUCH MAGISTRATE S.P OR
COMMISSIONER DIRECT SUCH PERSON REMOVAL TO THE COURT WHO ISSUED
WARRANT
• IF THE OFFENCE IS BAILABLE AND ARRESTED PERSON IS READY TO SUBMIT
SURETY THEN SUCH MAGISTRATE FORWARD THE BAIL BONDS TO THE COURT
WHICH ISSUED THE WARRANT