Скачать или смотреть Learning the Entire CrPC in Hindi - Section - 70 to 81 Chapter VI Warrant of Arrest

Warrant of Arrest
Chapter VI Part B Ss 70 - 81
Arrest - Meaning & Types
Warrant of Arrest
A written order issued and signed by a Magistrate and addressed to a
police officer or some other person specially named and commanding him to
arrest the body of the accused person named in it.
How to decide, the arrest will be with or without warrant
Cognizable Case ⇒ Arrest w/o warrant
Arrest w/o warrant - Decision to arrest made by police officers (S 41)
Arrest with warrant - Decision to arrest made by Magistrate
Form & content of a warrant of arrest - S 70-73
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.

S 72. Warrants to whom directed
● A warrant of arrest shall ordinarily be directed to one or more
police officers;
● 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.
● 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.
arrest of any escaped convict, proclaimed offender or of any
person who is accused of a non-bailable offence and is
evading arrest - Section 73
● The Chief Judicial Magistrate or a Magistrate of the first class
● may direct a warrant to any person within his local jurisdiction for
such pruposes
● 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.
● 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.
Form of Warrant of Arrest - Form 2 Sch II
Mode of Execution of warrant of arrest
Execution of Warrant Of arrest Outside the Local
Jurisdiction of Court Issuing It - 78 - 81
78. Warrant forwarded for execution outside jurisdiction.—
● 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.
The Court issuing a warrant 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.
When a warrant directed to a police officer is to be executed beyond the local
jurisdiction of the Court issuing
Section 79
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 on 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.


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