B—Warrant of arrest
70. Form of warrant of arrest and duration
(1)
Every warrant of arrest issued by a Court under this Code shall be in writing,
signed by the
presiding
officer of such Court and shall bear the seal of the Court
(2)
Every such warrant shall remain in force until it is cancelled by the Court
which issued it, or
until
it is executed
71. Power to direct security to be taken
(1)
Any Court issuing a warrant for the arrest of any person may in its discretion
direct by
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
(2)
The endorsement shall state—
(a)
the number of sureties;
72. Warrants to whom directed
(1)
A warrant of arrest shall ordinarily be directed to one or more police
officers; but the Court
issuing
such a warrant may, if its immediate execution is necessary and no police
officer is
immediately
available, direct it to any other person or persons, and such person or persons
shall
execute
the same.
(2)
When a warrant is directed to more officers or persons than one, it may be
executed by all, or
by
any one or more of them
73. Warrant may be directed to any person
(1)
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 is evading arrest
(2)
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
(3)
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.
74. Warrant directed to police officer
A
warrant directed to any police officer may also be executed by any other police
officer whose
name
is endorsed upon the warrant by the officer to whom it is directed or endorsed
.
75. Notification of substance of warrant
The
police officer or other person executing a warrant of arrest shall notify the
substance thereof
to
the person to be arrested, and, if so required, shall show him the warrant.
76. Person arrested to be brought before Court without delay
The
police officer or other person executing a warrant of arrest shall (subject to
the provisions of
section
71 as to security) without unnecessary delay bring the person arrested before
the Court
before
which he is required by law to produce such person:
Provided
that such delay shall not, in any case, exceed twenty-four hours exclusive of
the time
necessary
for the journey from the place of arrest to the Magistrate's Court.
77. Where warrant may be executed
A
warrant of arrest may be executed at any place in India
78. Warrant forwarded for execution outside jurisdiction
(1)
When a warrant is to be executed outside the local jurisdiction of the Court
issuing it, such
Court
may, instead of directing the warrant to a police officer within its
jurisdiction, forward it
by
post or otherwise to any Executive Magistrate or District Superintendent of
Police or
Commissioner
of Police within the local limits of whose jurisdiction it is to be executed;
and the
Executive
Magistrate or District Superintendent or Commissioner shall endorse his name
thereon,
and if practicable, cause it to be executed in the manner hereinbefore provided
(2)
The Court issuing a warrant under sub-section (1) 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 bail
should
or should not be granted to the person
79. Warrant directed to police officer for execution outside
jurisdiction -
(1)
When a warrant directed to a police officer is to be executed beyond the local
jurisdiction of
the
Court issuing the same, he shall ordinarily 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
(2)
Such Magistrate or police officer shall endorse his name thereon and such
endorsement shall
be
sufficient authority to the police officer to whom the warrant is directed to
execute the same,
and
the local police shall, if so required, assist such officer in executing such
warrant
(3)
Whenever 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
80. Procedure of arrest of person against whom warrant issued
When
a warrant of arrest is executed outside the district in which it was issued,
the person
arrested
shall, unless the Court which issued the warrant is within thirty kilometres of
the place
of
arrest or 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, or
unless
security is taken under section 71, be taken before such Magistrate or District
Superintendent
or Commissioner
81. Procedure by Magistrate before whom such person arrested is
brought
(1)
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:
Provided
that, if the offence is bailable, and such person is ready 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 and such person is ready and
willing to give
the
security required by such direction, the Magistrate, District Superintendent or
Commissioner
shall
take such bail or security, as the case may be, and forward the bond, to the
Court which
issued
the warrant:
Provided
further that if the offence is a non-bailable one, it shall be lawful for the
Chief
Judicial
Magistrate (subject to the provisions of section 437), 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
(2)
Nothing in this section shall be deemed to prevent a police officer from taking
security under
section
71
STATE AMENDMENT
Uttar Pradesh:
In
sub-section (1) of section 81, the following third proviso shall be inserted,
namely:—
"Provided
also that where such person is not released on bail or where he fails to give
such
security
as aforesaid, the Chief Judicial Magistrate in the case of a non-bailable
offence or any
Judicial
Magistrate in the case of a bailable offence may pass such orders as he thinks
fit for his
custody
till such time as may be necessary for his removal to the Court which issued
that
warrant"
Vide UP Act 1 of 1984, sec 9 (wef
1-5-1984)
