Explain the requisites of a 'warrant of arrest'. What is the time limit within which the police officer should bring the person arrested before the court.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2021
Explain the requisites of a 'warrant of arrest'. What is the time limit within which the police officer should bring the person arrested before the court.
Answer & Explanation:
Warrant of Arrest Every warrant of arrest issued by a Court under the Code of Criminal Procedure, 1973 shall be in writing, signed by the presiding officer of such Court, and shall bear the seal of the Court. Such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed. (Section 70). The form of warrant of arrest is Form No.2 of the Second Schedule of the Code of Criminal Procedure, 1973. The requisites of a warrant are as follows: It must be in writing. It must bear the name and designation of the person who is to execute it; It must give full name and description of the person to be arrested; It must state the offence charged; It must be signed by the presiding officer; and It must be sealed. Such warrant is only for production of a person before the concerned Court and not before the police officer. Under Section 76 the police officer or other person executing the warrant of arrest shall (subject to the provisions of Section 71 as to security) bring the person arrested before the Court without unnecessary delay provided that such delay shall not in any case exceed 24 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.
Topics: Criminal Procedure Code, 1973
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