Warrant of Arrest
Warrant of arrest issued by the court to of law in order to bring the required
person in the court with help of police or other person empowered on this
behalf.
Form of warrant of arrest
Under section 75 of Cr.P.C. followings are the essential of warrant of arrest
or we can say form of warrant of arrest;
- Ever warrant of arrest shall be in writing
- Signed by presiding officer of court
- In case bench of magistrate, any member of
that bench
- It must bear seal of the court
Warrant to whom directed
Section 77 of Cr.P.C. says that warrant can be directed to following persons;
- Ordinary be directed to police officer
- If no police officer is immediately available
and if immediate execution is necessary, court may direct it to any other
person
- Warrant can be directed to several persons
- Warrant may be directed to landlords, farmers
or manger o land for arrest of any escaped convict of proclaimed offender
who is hiding in that land
- Such person acknowledge in writing the warrant
of arrest
- Such person after arresting criminal made over
with warrant to nearest police officer
Release on furnishing security
when court may direct security to be taken
Under section 76 of Cr.P.C. if such person execute bond with sufficient
securities for his attendance, it shall state;
- Number of sureties
- The amount in which they and the person for
whose arrest warrant is issued are bound
- The time at which he must attend court
Difference between warrant and
summons
- A warrant is an order addressed to a person,
usually a police officer, to do any particular act such as apprehensive or
production of an offender or the search for a thing.
- A summons is always addressed to the person
who is required either to attend or to produce a document or thing.
- A warrant to be issued by a
court should assign reason. Issuance of warrant without assigning any
reason in bad in law.
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