INTRODUCTION
To meet the ends of justice, it is critical to produce the accused and other witness or related parties before the court whenever needed.
If the accused is found guilty at the conclusion of the trial, he must be present in person to receive the sentence. Also, his presence is necessary if imprisonment is to be enforced.
There are 6 ways to compel a person to appear in court-
- Summon, (A-chapter VI: CrPC)
- Warrant,(B-chapter VI: CrPC)
- Warrant in lieu of summon, (D-chapter VI: CrPC)
- Proclamation of an absconder, (C-chapter VI: CrPC)
- Attachment of his property, and, (C-chapter VI: CrPC)
- Bond, with or without sureties to appear before a court on a certain date., (D-chapter VI: CrPC)
B.- WARRANT OF ARREST (Section 70- 81)
The second method of securing attendance of a person is by means of a warrant of arrest.
- The warrant is an order addressed to a certain person directing him to:
- arrest the accused and
- produce him before the court.
SECTION 70: FORM ON WARRANT OF ARREST AND DURATION
(1)Every warrant of arrest:
- issued by a Court, under this Code, shall:
- be written or signed by the presiding officer, of such Court and
- bear the seal of the Court.
(2)Every such warrant shall remain in force, until:
- cancelled by the Court, issued it or
- It is executed.
CASE: Sanhay Suri V Delhi Administration, Delhi AIR 1988 S.C. 414
- A magistrate or trial judge authorized to issue warrants for detention of prisoners:
- should ensure that every warrant authorizing detention specifies the age of the person to be detained.
- Every warrant must specify the age of the person to be detained.
- It shall be open to the jail authorities to refuse to honor a warrant:
- if the age of the person remanded to jail custody is not indicated.
- It would be lawful for such officers:
- to refer back the warrant to the issuing court
- for rectifying the defect before it is honored.
SECTION 71: POWER TO DIRECT SECURITY TO BE TAKEN
(1)CASE:
- Any Court issuing a warrant of arrest of any person,
- may endorse directions on warrant,
- regarding release of such person.
SITUATION
- Such person executes:
- a bond, and
- sufficient securities-
- for attendance,
- before the Court and
- at a specified time.
CONSEQUENCE
- The officer to whom warrant is directed shall:
- take such security and
- release, him from custody.
EXCEPT: The Court directs otherwise (anything else).
(2)the endorsement shall state-
(a)the number of sureties,
(b)the amount, in which they and such person are to be respectively bound,
(c)the time at which he is to attend before the Court.
(3)SITUATION
Whenever, security is taken under this section.
CONSEQUENCE
The officer (to whom, warrant is directed) shall forward the bond to the Court.
SECTION 72: WARRANTS TO WHOM DIRECTED
(1)CASE: Ordinarily, warrant of arrest is directed to one or more police officers.
SITUATION: Court issue’s warrant:
- requiring, immediate execution and
- having, no police officer immediately availability.
CONSEQUENCE: Direct, such warrant, to any other person or persons, who shall execute the same.
(2)SITUATION: Warrant of arrest directed to more than one police officer or persons.
CONSEQUENCE: Such warrant of arrest may be executed by all or any one or more of them.
SECTION 73: WARRANT MAY BE DIRECTED TO ANY PERSON
(1)The Chief Judicial Magistrate or a Magistrate of the first class,
- may direct warrant:
- to, any person within his local jurisdiction,
- for any person, who is evading arrest and is:
- an escaped convict or
- a proclaimed offender, or
- accused of non-bailable offence.
(2)SITUATION:
- Person, for whose arrest warrant is issued,
- is in or enters on any land or other property under this charge.
CONSEQUENCE:
- Such person, within local jurisdiction shall:
- acknowledge, the receipt in writing and
- execute, the issued warrant.
(3)SITUATION: Person, against whom such warrant is issued, is arrested.
CONSEQUENCE: Such person, shall be:
- made over, with warrant,
- to the nearest police officer, who shall take him before a Magistrate, having jurisdiction in the case.
SECTION 74: WARRANT DIRECTED TO POLICE OFFICER
SITUATION: A warrant directed to any police officer may also be executed by any other police officer.
CONSEQUENCE: Such any other police officer, is:
- whose name is endorsed upon the warrant,
- to whom warrant of arrest is directed or endorsed.
SECTION 75: NOTIFICATION OF SUBSTANCE OF WARRANT
- The police officer or other person shall:
- notify the substance, thereof to person to be arrested, and
- show him the warrant, if so, required.
SECTION 76: PERSON ARRESTED TO BE BROUGHT BEFORE COURT WITHOUT DELAY
- The police officer or other person,
- executing a warrant of arrest, shall:
- subject to, security provision under section 71,
- without, unnecessary delay:
- bring arrested the person, before the Court,
- before which, he is required by law, to produce such person.
PROVIDED
- Such delay, shall not exceed 24 hours,
- executive of time necessary for the journey:
- from, the place of arrest,
- to, the Magistrate’s Court.
SECTION 77: WHERE WARRANT MAY BE EXECUTED
A warrant of arrest may be executed at any place in India.
SECTION 78: WARRANT FORWARDED FOR EXECUTION OUTSIDE JURISDICTION
SITUATION:
- A warrant executed outside local jurisdiction of the Court, issuing it.
CONSEQUENCE:
- Such Court may;
- instead of, directing the warrant to the police officer, within it’s jurisdiction,
- forward it, to Executive Magistrate, or District Superintendent of police, or Commissioner of Police:
- within local limits of whose jurisdiction it is to be executed,
- shall endorse his name, thereon cause it to be in manner, hereinbefore, if practicable.
(2)The Court issuing warrant under section 78(1), shall forward:
- the warrant,
- substance of the information against the person to be arrest, and
- such documents (if any):
- may be enable the Court acting under section 81,
- to decide whether bail, should be granted or not.
SECTION 79: WARRANT DIRECTED TO POLICE OFFICER FOR EXECUTION OUTSIDE JURISDICTION
(1)SITUATION:
- Warrant directed to the police officer to be executed beyond local jurisdiction of the Court, issuing it.
CONSEQUENCE:
- Such police officer,
- shall take, such warrant,
- for endorsement to:
- an Executive Magistrate, or
- the police officer, not below the rank of an officer in- charge of police station:
- within local limits,
- of jurisdiction, where warrant is to be executed.
(2)Such Magistrate or police officer,
- shall endorse his name thereon,
- which shall be sufficient authority, to the police officer, who is:
- to execute the directed warrant and
- to take assistance of local police, to execute such warrant (if required).
(3)SITUATION:
- With reason to believe that occasion got delayed,
- by obtaining, endorsement of Magistrate or police officer, within whose local jurisdiction, warrant is to be executed,
- will prevent such executive.
CONSEQUENCE:
- Police officer (to whom, warrant is directed), may execute it:
- without, such endorsement in any place,
- beyond, local jurisdiction, of the Court, issued it.
SECTION 80: PROCEDURE ON ARREST OF PERSON AGAINST WHOM WARRANT ISSUED
SITUATION:
- A warrant of arrest is executed outside the district in which it was issued.
CONSEQUENCE:
- Arrested person shall be taken before:
- Executive Magistrate or District Superintendent of Police or Commissioner,
- of police, within local limits of whose, jurisdiction arrest was made.
UNLESS
- The Court, issuing warrant:
- is within 30 kilometers, of the place of arrest or
- nearer than the Executive Magistrate or District Superintendent of Police or Commissioner of police, within local limits whose jurisdiction arrest is made or
- security is taken under section 71.
CASE: Ram Parvesh Singh V District Magistrate, Deoria and others, 1985 All.L.J. 570
The provisions of section 78 and 80, Cr.P.C. apply to a case where the person for whose arrest the warrant is issued is not confined in any jail but is to be arrested.
FACT:
- In the present case the petitioner was already in detention in jail under the order of the District magistrate.
- The order of revocation of that order and the second order of detention in jail in another district were to be served on him one after the other.
- Both these orders were, therefore, sent to the police officer of that district for service.
HELD:
- In these circumstances the non- compliance of section 78 and 80, Cr.P.C. does not result in detention becoming illegal.
SECTION 81: PROCEDURE BY MAGISTRATE BEFORE WHOM SUCH PERSON ARRESTED IS BROUGHT
(1)SITUATION:
The person arrested appears to be the person intended by the Court, issued the warrant.
CONSEQUENCE:
- The Executive Magistrate or District Superintendent of Police or Commissioner of Police,
- shall direct his removal in custody to such Court.
PROVIDED
In order to release such person on bail, according to offences:
BAILABLE OFFENCE-
- Either such person is ready and willing to give bail to satisfaction of:
- Executive Magistrate or
- District Superintendent of Police or
- Commissioner of Police or
- direction has been endorsed under section 71 on the warrant and
- such person is ready and willing to give the security,
- required by such direction of Executive Magistrate or District Superintendent of Police or Commissioner of Police shall:
- take such bail of security as the case may be, and
- forward bond to the Court (issued warrant).
NON- BAILABLE OFFENCE
- It shall be lawful for:
- Chief Judicial Magistrate under section 437 or
- Sessions Judge,
- of district, in which arrest is made,
- to consider information and document,
- to release such person on bail.
(2) Nothing under this section prevents police officer from taking security under section 71.
THIS (SECOND) PART OF THE SERIES ON CHAPTER 6 OF CODE OF CRIMINAL PROCEDURE, 1973 CONSISTS OF WARRANT OF ARREST, AS PART-B, IN THE CODE and FIRST PART CONSISTS OF SUMMONS, AS PART-A, IN THE CODE, and THIRD PART CONSISTS OF PART-C, OF THE CODE WHICH IS PROCLAMATION AND ATTACHMENT.
Farheen Dhanjal 