Warrant of Arrest

Firstly, if an accused does not appear on the date specified on Summons or willfully denies to
comply with the order of the court and Secondly if an accused person is on bail and breaches the
condition of Bail i: e tries to escape from the Jurisdiction or threatening any of the witness etc. in
both such cases, a Warrant of arrest can be issued against that person in order to take that person
into custody and brought that person before Magistrate.
Now let us discuss how a warrant is issued and How it is affected.
2. Warrant of Arrest
(S. 70-81)
a. Notification and Substance of Warrant s. 70 and 71
1. Section 70 says that every warrant of arrest is issued by a court, shall be in

writing, signed by the Presiding officer of the Court, shall bear the seal of the
court, it shall contain the name and designation of the person who is to execute
it. It must indicate the clear name and address of the accused; it shall also state
the offence with which the accused is charged.
Every warrant of arrest shall remain in force until it is cancelled
by the court which issued it or it is successfully executed.
2. Section 71 says that when a court issuing a warrant found that the offence is of
bailable nature shall also state in warrant through endorsement to execute a
bond which contains the amount of security and surety and direct the person to
whom the warrant has been issued to take such security and release such person
from custody. And then, forward the bond to the court.
b. Execution of Warrant s. 72,73, 74, 75, 76 and 77
3. A warrant of arrest shall in all cases be issued to police officer or more than one
police office and any of such police officer may arrest that accused person and
execute the same. In exceptional circumstances where arrest is necessary and no
police officer is available then, the magistrate may issue a warrant to any person
and such person shall execute the same.
4. The chief Judicial Magistrate or Magistrate of First Class may direct a warrant
to any person in case of arrest of escaped convict, Proclaimed offender or
accused of a non-bailable offence and is evading arrest and that person shall
acknowledge the same in writing and execute the same and make over such
person to nearest police station or Magistrate as the warrant direct.
5. As warrant shall always be issued to the police in charge of police station but
sometime, he may be busy somewhere or far from the place of arrest and it is
not possible for executing the warrant, he may direct to other police officer not
below the rank sub-inspector to execute the same.
6. The police officer or other person executing warrant shall notify the substance
thereof to the person arrested and if possible, shall show him the warrant.
7. Any person executing warrant is under obligation to bring that arrested person
before the court without unnecessary delay. The delay shall not exceed 24 hours
exclusive the time of journey.
c. Execution Of Warrant Outside Jurisdiction S.78,79,80 and 81
8. When a warrant is to be outside the Jurisdiction of the court issuing it, may
direct that warrant by post or otherwise to such executive magistrate or District
superintendent of Police to execute the same in whose jurisdiction the accused
who has to be arrested is residing and then on such warrant, the said executive
magistrate or District superintendent of Police shall execute the same.
9. If there is reason to believe that by doing such above process will cause delay
and it will give enough time to the accused to escape, the police officer may
arrest such person beyond jurisdiction by informing the same to the police in
charge of police station in whose jurisdiction the accused is residing. The local
police shall provide all support to the police executing the warrant.
10.In point no. 9 when accused is arrested, if such offence is bailable, the executive
magistrate or District superintendent of Police shall grant him bail or shall
direct such person to the to court issuing warrant.

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Firstly, if an accused does not appear on the date specified on Summons or willfully denies to

a. Notification and Substance of Warrant s. 70 and 71

1. Section 70 says that every warrant of arrest is issued by a court, shall be in

b. Execution of Warrant s. 72,73, 74, 75, 76 and 77

c. Execution Of Warrant Outside Jurisdiction S.78,79,80 and 81

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