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In
the previous article we discussed about the summons. If
the person summoned fails to appear before the Court the
warrant of arrest will be issued against him. Every warrant
of arrest issued by a Court shall be in writing and signed
by the presiding officer of such Court and shall bear the
seal of the Court. Every such warrant shall remain in force
until it is cancelled by the Court, which issued it, or
until it is executed.
Age
of person to be detained: In Sanjay Suri Vs. Delhi Administration,
the Supreme Court directed every magistrate or trial judge
authorized to issue warrants for detention of prisoners
to ensure that warrant of detention must specify the age
of person to be detained, jail authorities can refuse to
honour a warrant if the age of person remanded to jail custody
is not indicated.
Any
Court issuing a warrant for the arrest of any person may
in its discretion direct by endorsement on the warrant that,
if such person executes a bond with sufficient sureties
for his attendance before the Court at a specified time
and thereafter until otherwise directed by the Court, the
officer to whom the warrant is directed shall take such
security and shall release such person from custody. The
endorsement shall state
1. Number of sureties.
2. The amount in which they and the person for whose arrest
the warrant is issued, are to be bound respectively.
3. The time at which he is to appear before the Court.
Whenever
security is taken under this section, the officer to whom
the warrant is directed shall forward the bond to the Court.
Warrants
to whom directed: A warrant of arrest shall ordinarily
be directed to one or more police officers; but the Court
issuing such a warrant may, if its immediate execution is
necessary and no police officer is immediately available,
direct it to any other person or persons, and such person
or persons shall execute the same. 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.
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. Such person shall acknowledge in
writing the receipt of warrant, and shall execute it if
the person for whose arrest it was issued, is in, or enters
on, any land or other property under his charge. When the
person against whom such warrant is issued 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.
The police officer or other person executing a warrant of
arrest shall without unnecessary delay bring the person
arrested before the Court before which he is required by
law to produce such person. Such delay shall not, in any
case, exceed twenty-four hours exclusive of the time necessary
for the journey from the place of arrest to the magistrate's
court.
Where
warrant may be executed: A warrant of arrest may be
executed at any place in India.
Warrant
forwarded for execution outside jurisdiction: When a
warrant is to be executed outside the local jurisdiction
of the Court issuing it, such Court may, instead of directing
the warrant to a police officer within its jurisdiction,
forwarded by post or otherwise to any Executive Magistrate
or District Superintendent of Police or Commissioner of
Police within the local limits of whose jurisdiction it
is to be executed; and the Executive Magistrate or District
Superintendent or Commissioner shall endorse his name thereon,
and if practicable, cause it to be executed in the manner
hereinbefore provided.
Warrant
directed to police officer for execution outside jurisdiction:
When a warrant directed to a police officer is to be
executed beyond the local jurisdiction of the Court issuing
the same, he shall ordinarily take it for endorsement either
to an Executive Magistrate or to a
police officer not below the rank of an officer in charge
of a police station, within the local limits
of whose jurisdiction the warrant is to be executed.
Such
Magistrate or police officer shall endorse his name thereon
and such endorsement shall be sufficient authority to the
police officer to whom the warrant is directed to execute
the same, and the local police shall, if so required, assist
such officer in executing such warrant.
Procedure
by Magistrate before whom such person arrested is brought:
The Executive Magistrate or District Superintendent of Police
or Commissioner of Police shall, if the person arrested
appears to be the person intended by the Court, which issued
the warrant, direct his removal in custody to such Court.
It should be noted that the offence is bailable, and such
person is ready and willing to give surety to the satisfaction
of such magistrate, District Superintendent or Commissioner,
or a direction has been endorsed on the warrant and such
person is ready and willing to give the security required
by such direction, the Magistrate, District Superintendent
or Commissioner shall take such bail or security, as the
case may be, and forward the bond to the Court which issued
that warrant.
If the offence is non-bailable one, it shall be lawful for
the Chief Judicial Magistrate, or the Sessions Judge, of
the district in which the arrest is made on consideration
of the information and the documents, to release such person
on bail.
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