Law and You >Procedural Laws > BNSS > Concept Applications 6.5.2 Situational Problems on Warrant of Arrest
Situational Problems on Warrant of Arrest
Q1. E is accused of an offence. The Magistrate believes that E may deliberately avoid appearing if merely summoned. The Magistrate therefore issues a warrant of arrest without first issuing a summons.
(a) Can a warrant be issued in such circumstances?
Yes, warrant may be in such circumstances.
(b) What factors should the Magistrate consider before issuing a warrant?
Under Section 90(a) BNSS, before the summons is issued, or after the summons is issued but before the date fixed for appearance, the Court has reason to believe that the person has absconded or will not obey the summons can issue warrant in lieu of summons. The Court can do so by writing reasons for doing so.
Q2. A warrant of arrest is issued against F, but it does not bear the Court’s seal and does not specify the date on which it ceases to remain in force.
(a) Is the warrant of arrest valid?
No, the warrant is not valid.
(b) Discuss the validity of the warrant with reference to the requirements of BNSS.
According to Section 72(1) BNSS every warrant of arrest issued by a Court under this Sanhita shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court.
According to Section 72(2) BNSS every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.
Q3. A warrant is issued against G. The warrant directs the police officer executing it to release G if G furnishes a bond with two sureties for his appearance before the Court.
(a) Can a warrant contain such a direction?
Yes, warrant can contain such a direction.
(b) What particulars relating to the bond should be specified?
Under Section 73(1) BNSS, when issuing an arrest warrant, the Court may decide that the accused does not need to remain in custody after arrest. The Court can direct that if the accused executes a bail bond, and provides sufficient sureties (persons who undertake to ensure the accused’s appearance), the police officer executing the warrant should accept the bond and release the accused immediately. The accused must agree to appear before the Court on the date and time specified and continue attending whenever required until the Court directs otherwise. This provision balances the need to secure the accused’s presence before the Court with the principle that unnecessary detention should be avoided.
Section 73(2) BNSS specifies what the Court’s endorsement on the warrant must contain. The Court must specify how many sureties are required. The Court must specify the amount of the bail bond to be executed by the accused; and the endorsement must state when the accused must appear before the Court after release. This ensures there is no uncertainty for either the accused or the police officer executing the warrant.
According to Section 73(3) BNSS, whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court.
Q4. A warrant issued by a Magistrate in Delhi is required to be executed against H, who is residing in Jaipur.
(a) What procedure must be followed for executing the warrant outside the jurisdiction of the issuing Court?
Under Section 80(1) BNSS, the issuing court may forward the warrant, either by post or through any other appropriate mode, to an Executive Magistrate, the District Superintendent of Police, or the Commissioner of Police having jurisdiction over the area where the warrant is to be executed. Instead of requiring police officers from the issuing court’s jurisdiction to travel and execute the warrant, the law authorizes local authorities to carry out the execution, thereby ensuring greater efficiency and practicality.
Upon receiving the warrant, the Executive Magistrate, District Superintendent of Police, or Commissioner of Police is required to endorse the warrant by affixing his or her name. This endorsement signifies that the warrant has been officially received and accepted for execution by the competent authority within the local jurisdiction. After endorsement, the authority must, as far as practicable, ensure that the warrant is executed in accordance with the procedure prescribed under the BNSS for the execution of warrants.
Q6. A Magistrate issues a warrant of arrest against I and hands it to a police officer for execution. The police officer argues that the warrant cannot be executed outside his police-station limits.
(a) Is the officer correct? Discuss the legal position.
No. The police officer is not correct.
Under the BNSS, a warrant of arrest is not confined to the territorial limits of the police station of the officer to whom it is entrusted. Section 79 BNSS provides that a warrant of arrest may be executed at any place in India.
Section 74 CrPC specifically deals with warrants directed to police officers. Such a warrant may be executed by the police officer anywhere in India, subject to the procedural requirements relating to execution outside the issuing court’s jurisdiction. According to Section 76 of the Bharatiya Nagarik Suraksha Sanhita, 2023 a warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.
Where the person is arrested outside the jurisdiction of the issuing court, provisions such as Sections 80 to 83 BNSS regulate the manner in which the person is taken before the appropriate Magistrate and subsequently dealt with.
Thus, the territorial limits of a police station do not restrict the geographical execution of a valid warrant of arrest. The officer must comply with the statutory procedure, but he cannot refuse execution merely because the person is located outside his police-station limits.
Q7. J is arrested under a warrant issued by a Magistrate. The police officer who executes the warrant keeps J in custody for several days before producing him before the Court.
(a) What is the statutory requirement regarding the production of a person arrested under a warrant?
According to Section 78 of the Bharatiya Nagarik Suraksha Sanhita, 2023 the police officer or other person executing a warrant of arrest shall (subject to the provisions of section 73 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person.
Related Topics:
- Warrant of Arrest (Ss. 72 to 79)
- Execution of Warrant Outside Jurisdiction (Ss. 80 to 83)
- Proclamation and attachment (Ss. 84-89)
- Other rules regarding processes (Ss. 90-93)
- Concept Applications 6.1: MCQs on Processes to Compel Appearance
- Concept Applications 6.2.1 : Service of Summons (2 Marks)
- Concept Applications 6.2.2 : Warrant of Arrest (2 Marks)
- Concept Applications 6.2.3 : Proclamation and Attachment (2 Marks)
- Concept Applications 6.3: Short Notes (5/6 Marks)
- Concept Applications 6.4: Essay Type Answers (12/13/16 Marks)