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Dated: 02/10/2016 NOTE: This scripture has only to be studied for examination preparation, for any misuse of text for cheating purpose is strictly condemned. {HANDOUTS] =====================================================================================

Question: Describe the Term Warrant, how many modes are there for production of an

accused before Court of Law?

DEFINITION: A writ or precept from a competent authority in pursuance of law, directing the

doing of an act, and addressed to an officer or person competent to do the act, and affording

him protection from damage, if he does it.

OR

Particularly, a writ or precept issued by a Magistrate, Justice, or other competent authority,

addressed to a sheriff, constable, or other officer, requiring him to arrest the body of a person

therein named, and bring him before a magistrate or court, to answer, or to be examined,

touching some offense which he is charged with having committed. {Black’s Law Dictionary}.

IMPORTANT:

The Term warrant is only used in Criminal Cases, The term is a wider use It is even used in Civil

Cases, It is a very interesting that the term warrant are mostly used in Civil Cases in European

Countries, whereas the Term “ APPREHENSION” is applied in Criminal Cases as a replacement of

the term warrant.

Ex: Warrant of credit, Warrant of Merchantability, Land Warrant. etc.

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There are Six modes of production of an accused person before a Court of Law. These modes

are given in the general criminal law of procedure enacted and called the Code of Criminal

Procedure, 1898. These modes are under:

1. Summons

2. Warrant

3. Warrant in lieu of Summons,

4. Proclamation of an absconder,

5. Attachment of his property,

6. Bond with or without sureties for appearance before Court of Law on specific Date.

All these modes are not whimsical, capricious or according to the sweet will of the Court. All

of them are under the law and in accordance with law and require to be used fairly, justly and

reasonably. The object of no process of law is to harass or damage the dignity of mankind. All

processes. When it does not serve the purpose of bringing the accused or the witness and the

behavior of the summoned is evasive the second method provided by the law itself is a

“Warrant of Arrest” { Article “ Ret. Justice Munir. A. Mughal Ahmed Mughal }

WARRANT OF ARREST:

A WRITTEN order issued and signed by a magistrate, directed to a peace officer or some other

person specially named, and commanding him to arrest the body of a person named in it, who

is accused of an offence. { Brown V State, 109 Ala.70,20 So, 103 }/ Black’s Law Dictionary

ARREST:

Deprive a person of his liberty by legal authority. Taking, under real or assumed authority,

custody of another for the purpose of holding or detaining him to answer a criminal charge or

civil demand.

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The essentials of a warrant of arrest are:-

1. That it must be in writing,

2. That it must be sufficiently identifying the person to whom issued i.e. it must give full

name and description of the person to be arrested providing his parentage, occupation

and residence etc.

3. That it must specify the offence charged. { Sub-Section(20) of Section 75 the Code of

Criminal Procedure, 1898}.

4. That it must be signed. The signature of the Magistrate who is issuing it must be on it

manual signature and not by affixing his name stamp, that it must be sealed with seal

of the Court, and

5. That it must bear the name and designation of the person,

6. That where it is issued, by a bench of the Magistrate then it must be signed by any one

member of such bench.

7. That a warrant issued under section 75 remains in forced until it is cancelled by the

Court issuing it. It means that the court issuing a warrant of arrest has a discretion to

cancel it and issue a summons instead of it. When a Court issuing a warrant cancels it,

such warrant ceases to be effective.

8. That the status of a warrant of arrest is that of a public document and it can be proved

by production of a certified copy of the same. { Section 75 Code of Criminal Procedure,

1898}

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A magistrate who has the jurisdiction is to sign the warrant. The official designation of the

person signing warrant of arrest and the place of signing should appear on the face of the

warrant.

Warrant singed at a place outside the limits of Presiding officer of the Court is illegal and

proceedings in pursuance of an illegal warrant, or a warrant issued without consideration are

void.

A warrant of arrest in order to be valid must be in writing and must be signed by the presiding

officer. Warrant not singed is invalid.

As per provisions of Criminal Procedure Code, there are two kinds of arrest Warrants:

(1). Bailable Arrest Warrant { BW} Sec. 76

(2) Non-Bailable Arrest Warrant.

Bailable Warrant: Court may direct by endorsement on the warrant that if such person

executes a bond with different sureties for his attendance before the Court at a specified time

and thereafter, the officer to whom the warrant is directed shall take such security and shall

release such person from custody.

Non-Bailable Warrant: Where an offence falls in categories of serious offences, for which

punishment ranges from 7 year to life imprisonment, or capital punishment, and such an

accused is suspected deemed to be arrest, a non-bailable arrest warrant is issued.

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A warrant of arrest shall ordinarily be directed to one or more police officers, it may be directed

to persons other than police if the following conditions are fulfilled.

1. There must be necessity of arrest.

2. The necessity must be for immediate arrest.

3. No police officer should be immediately available

A District Magistrate or Sub Divisional Magistrate may direct a warrant to any land holder,

farmer, or a manager of land within its district or sub-division for arrest of :-

1. Any escaped Convict;

2. A proclaimed offender

3. A person who has been of non bailable offence and who has eluded pursuit { Sec. 78 (1)

of the Code of Criminal Procedure , 1898.

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