Contributed by Dr.K.V.K.Santhy* & Deepak Miglani**
Warrant is a written order from a court to a police officer.
Warrant of arrest is a written order from a court to a police officer to arrest a person and produce him before the court.
Search warrant is a written order to a police officer to search the premises of a person for a particular thing or a document required by the court in connection with a case.
Contents of Warrant:-
It should contain the name of the accused and his father's name and the caste/tribe, nationally and residence of the person to be arrested, so as to place his identity beyond all doubt. The warrant should specify the offence charged and the name of the district and the court issuing it.
The presiding officer, who alone, can sign the warrant. He must be the officer who presides in the court at the time when the warrant comes to be signed. An arrest under the warrant duly signed but not sealed is an illegal arrest. The absence of a seal on a warrant of arrest renders it void and invalid and obstruction to the execution of such warrant of arrest is not punishable.
When Police may arrest without warrant :-
According to Section 41(1) of Criminal Procedure Code , any police officer may, without an order from the Magistrate and without warrant arrest any person-
1. If he is wanted in a cognizable offence or if there is a reasonable suspicion, complaint or information that he has committed a cognizable offence; or
2. If he possesses, without licence, implements of house-breaking; or
3. If he is proclaimed as an offender; or
4. If he possesses stolen property; or
5. If he obstructs a police officer on duty; or
6. If he tries to escape from illegal custody;
7. If he is a deserter from the army, navy or airforce;or
8. If he commits an offence when he is out of India, punishable under any extradition law; or
9. If he is a released convict who breaks the restrictions imposed by the court; or
10. If any requisition for his arrest has been received, oral or written from another police officer.
Warrants to whom directed:-
A warrant of arrest is ordinarily directed to one or more police officers. If the court issuing the warrant may, if its immediate execution is necessary and no police officer is immediately available, direct it to any other person. A police officer can not endorse a warrant to a private person.
Kinds of Warrants:- There are two types of warrants Bailable and Non Bailable.
Bailable Warrant If the offence committed is bailable the conditions for granting bail are given in the warrant itself, and the person to whom the warrant is issued can comply with those conditions and in all these cases the bail is granted by the police officer itself. This could also be issued in a non bailable offence.
Non Bailable Warrant If the offence committed is a non bailable one, the warrant issued to the accused is called Non Bailable warrant. Unlike in the Bailable warrant here it is mandatory for the person to come to the court. The basic purpose of issuing Warrant is to make a person to attend the court and participate in the court proceedings.
Warrant of arrest is a written order from a court to a police officer to arrest a person and produce him before the court.
Search warrant is a written order to a police officer to search the premises of a person for a particular thing or a document required by the court in connection with a case.
Contents of Warrant:-
It should contain the name of the accused and his father's name and the caste/tribe, nationally and residence of the person to be arrested, so as to place his identity beyond all doubt. The warrant should specify the offence charged and the name of the district and the court issuing it.
The presiding officer, who alone, can sign the warrant. He must be the officer who presides in the court at the time when the warrant comes to be signed. An arrest under the warrant duly signed but not sealed is an illegal arrest. The absence of a seal on a warrant of arrest renders it void and invalid and obstruction to the execution of such warrant of arrest is not punishable.
When Police may arrest without warrant :-
According to Section 41(1) of Criminal Procedure Code , any police officer may, without an order from the Magistrate and without warrant arrest any person-
1. If he is wanted in a cognizable offence or if there is a reasonable suspicion, complaint or information that he has committed a cognizable offence; or
2. If he possesses, without licence, implements of house-breaking; or
3. If he is proclaimed as an offender; or
4. If he possesses stolen property; or
5. If he obstructs a police officer on duty; or
6. If he tries to escape from illegal custody;
7. If he is a deserter from the army, navy or airforce;or
8. If he commits an offence when he is out of India, punishable under any extradition law; or
9. If he is a released convict who breaks the restrictions imposed by the court; or
10. If any requisition for his arrest has been received, oral or written from another police officer.
Warrants to whom directed:-
A warrant of arrest is ordinarily directed to one or more police officers. If the court issuing the warrant may, if its immediate execution is necessary and no police officer is immediately available, direct it to any other person. A police officer can not endorse a warrant to a private person.
Kinds of Warrants:- There are two types of warrants Bailable and Non Bailable.
Bailable Warrant If the offence committed is bailable the conditions for granting bail are given in the warrant itself, and the person to whom the warrant is issued can comply with those conditions and in all these cases the bail is granted by the police officer itself. This could also be issued in a non bailable offence.
Non Bailable Warrant If the offence committed is a non bailable one, the warrant issued to the accused is called Non Bailable warrant. Unlike in the Bailable warrant here it is mandatory for the person to come to the court. The basic purpose of issuing Warrant is to make a person to attend the court and participate in the court proceedings.
Search Warrant It is a written order given to the police officer by the court to search the premises of any person for specified things or documents relevant to conduct the Investigation or Trial. When the police officer shows the search warrant to the owner of the house he is under a duty to allow him into the premises and shall assist him in conducting the search. The police officer is not supposed to show any kind of harshness to the occupants of the house. He shall prepare a seizure list and get it signed by two respectable inhabitants from the same locality and also with the owner of the premises. A copy of the seizure memo shall be given to Owner. A search warrant can be issued to search a specific premises and it could be a general search warrant to search any premises and any person who ever is in possession of the documents or things.
Person arrested should be brought before Court without delay:-
The authorized person should bring the arrested person with in 24 hours before the Court without any unnecessary delay before which he is required by law to produce such a person.
Where warrant may be executed:-
A warrant can be executed at any place in India. The Extradition Act, 1903 must be followed to arrest a person out of India.
Person arrested should be brought before Court without delay:-
The authorized person should bring the arrested person with in 24 hours before the Court without any unnecessary delay before which he is required by law to produce such a person.
Where warrant may be executed:-
A warrant can be executed at any place in India. The Extradition Act, 1903 must be followed to arrest a person out of India.
* Dr.K.V.K.Santhy,Asst.Professor,NALSAR University of Law ,Justice City, Shamirpet,Hyderabad. 500-027 Email id :- santhy.nalsar@gmail.com
** Deepak Miglani Advocate Delhi High Court Email id :- deepakmiglani@hotmail.com
For any query:- legalpoint@aol.in
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