Law and You >Procedural Laws > BNSS > Concept Applications 6.2.2 : Arrest Warrant ( 2 Marks)
Arrest Warrant (2 Marks Questions)
Answer in One to Two Sentences
Q1. What is warrant?
A warrant is a written instrument issued by the Judge or Magistrate on behalf of the state which authorizes the arrest and detention of an individual or the search and seizure of an individual’s property.
Q2. What are different types of warrant?
The three types of warrant are
- Bailable Warrant
- Non-Bailable Warrant
- Serach Warrant
Q3. What are essentials of a valid warrant?
As per the section 72 of BNSS, the essentials of a warrant are as follows:
- The warrant is to be in writing;
- It must be signed by a presiding officer of Court issuing it; and
- It must bear the seal of the Court.
Besides above requirements, warrant must contain following information:
- It must bear the name and designation of the executant of such warrant;
- It must indicate the clear name and address of the accused;
- It must state the offence with which the accused is charged;
- It must indicate date of issue; and
- It must indicate the date of appearance.
Q4. What is bailable warrant?
A bailable warrant is a warrant of arrest that allows the person arrested to be released on bail upon complying with the conditions mentioned in the warrant, usually by furnishing a bond with or without surety. Under Section 73 BNSS, the officer to whom the warrant is directed shall take such security and shall release such person from custody. Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court.
Q5. What is non-bailable warrant?
A non-bailable warrant (NBW) is a warrant of arrest issued by a Court directing the police to arrest a person and produce them before the Court, without providing for automatic release on bail merely upon complying with the warrant. When the arrested person is produced before the Court it may or may not grant bail depending upon circumstances.
Q6. To whom warrant is directed?
Under Section 74(1) BNSS, a warrant of arrest shall ordinarily be directed to one or more police officers; but if immediate execution of warrant is necessary and no police officer is immediately available, it can direct to any other person or persons, and such person or persons shall execute the same. Under Section 74(2) BNSS, 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.
Q7. Can warrant be directed to any person?
Under Section 75(1) BNSS, the Chief Judicial Magistrate or a Magistrate of the First Class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest. When such offender 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 73.
Q8. What is endorsement of a warrant?
Under Section 76 BNSS, 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. Endorsement is transfer of authority to execute the warrant within the police force.
Q9. Where may the warrant of arrest be executed?
Under Section 79 BNSS, a warrant of arrest may be executed at any place in India.
Q11. When can a Court issue a warrant of arrest instead of a summons?
Under Section 90 BNSS a Court can issue a warrant in lieu of, or in addition to, a summons. It allows the court to issue a warrant for the arrest of an individual if they believe the individual has absconded or will not obey a summons, or if they fail to appear after being properly served with a summons.
Q12. What is the significance of recording reasons in writing before issuing an arrest warrant?
Recording reasons ensures that the coercive power of arrest is exercised judicially and provides a record of the grounds justifying the warrant.
Q13. What is meant by an “absconded” person?
An absconded person is one who has deliberately gone into hiding or concealed himself to evade the process of the Court.
Q14. What are the consequences of breach of bond or bail bond?
Under Section 92 BNSS, when a person fails to appear before a court as required by a bond. The presiding officer of the court can issue a warrant directing the arrest and production of the person. The purpose of Section is to ensure the presence of the accused before the court.
Q15. What is a search wararnt?
A search warrant is a written order issued by a competent Court authorising a specified person, usually a police officer, to search a particular place, person, or premises for specified documents, articles, or other things relevant to a legal proceeding and, where authorised, seize or take possession of them.
Related Topics:
- Summons and Its Service (S. 63 to 71)
- 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)