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Posted October 8, 2013 by advocateguru in Learning Centre
 
 

Warrant of Arrest

 

A warrant of arrest is a written order issued by a competent Magistrate directing the police or some other person specifically named to arrest the accused person named in it. The warrant must be in writing and should contain the name and other details of the person to be accused along with the offence with which he is charged. A warrant should specifically contain the name of the person to whom the power of arrest is given. The warrant of arrest should also contain a clause that if a person arrested under the warrant executes a bond and gives security for his attendance in court, he shall be released. A warrant of arrest is applicable till executed or cancelled by the Court issuing it.

The Chief Judicial Magistrate or a Magistrate can issue warrant within his local jurisdiction for the arrest of any escaped convict who is accused of a non bail able offence. If the accused is arrested, he has to be handed to the nearest police station along with the warrant.

Power to direct security

If a Court is issuing a warrant for the arrest of any person on the condition that such person executes a bond with sufficient sureties for his attendance before the Court at a specified time, the officer to whom the warrant is directed can take such security and release such person from custody.

The endorsement should contain-

  • The number of sureties.

  • The amount in which they and the person for whose arrest the warrant is issued are to be respectively bound.

  • The time at which he is to attend before the Court.

Warrant forwarded for execution outside jurisdiction-

When a warrant is issued by a Court outside its local jurisdiction, such Court instead of directing the police to arrest the accused, forward the warrant to the Executive Magistrate or District Superintendence of Police or Commission of Police within the local limits of whose jurisdiction it is to be executed. The Court needs to send the necessary information along with the warrant of the accused to decide whether bail should or should not be granted to the person.

Duty and right to assist in the execution of a warrant of arrest-

A police officer can take help of any person to which he cannot object in arresting or preventing the escape of any other person whom such police officer is authorised to arrest.


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