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Warrants in India

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aruagrawal

Warrants are written orders issued by a judicial officer commanding a law enforcement officer to perform some act related to the administration of justice. There are several types of warrants including arrest warrants, which allow police to detain a suspect, and search warrants, which permit officers to search property for evidence of a crime. Warrants must be properly issued by a court and executed by law enforcement according to established legal procedures to be valid.

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WARRANT. WHAT IS A WARRANT? TYPES OF WARRANTS. WHEN IS A WARRANT ISSUED?
WHAT IS A WARRANT? • A written order issued by a judicial officer or other authorized pe rson commanding a law enforcement officer to perform some act i ncident to the administration of justice. • Warrants are recognized in many different forms and for a variety of purposes in the law. Most commonly, police use warrants as the basis to arrest a suspect and to conduct a search of property for evidence of a crime. • Warrants are also used to bring persons to court who have ignored a subpoena or a court appearance. In another context, wa rrants may be issued to collect taxes or to pay out money.
WARRANTS IN CRIMINAL CASES- • An arrest warrant is usually designed to detain a person who is suspected of committing a specific crime. • By and large, an arrest warrant is granted when probable cause supports that a crime has been committed by the person listed in the warrant. • If a defendant fails to make an initial appearance in court after a citation has been issued, the court may issue an arrest warrant known as an alias warrant. • For instance, if a defendant does not show up in court after being summoned on a speeding ticket charge, the court may hand out an alias warrant for the defendant’s arrest. • Another kind of arrest warrant, known as a bench warrant, is sometimes issued to a defendant who fails to make his or her next scheduled court appearance.
WARRANTS IN CRIMINAL CASES- • Search warrants are other common types of warrants. Customarily, a search warrant is issued for the purpose of permitting law enforcement officers to search a person or private property. • These warrants allow officers to investigate evidence about a crime that has been committed. • In general, courts require an officer to submit a sworn statement when requesting a search warrant. • Usually, the warrant must describe with particularity the person or place to be searched as well as the property being sought.
WARRANTS IN CIVIL CASES- • If a plaintiff is seeking monetary relief from a defendant, the plaintiff may file a civil warrant in debt. • A warrant in detinue can be used by a plaintiff who wishes to recover personal property wrongly obtained by a defendant. • Generally, civil warrants are used for small claims court actions, and they require basic information, like the defendant’s name and address as well as the claim amount and basis. • Usually, a plaintiff must pay filing and sheriff fees in order to serve the warrant on the defendant.
WARRANT OF ARREST. • A warrant of arrest is a written authority given by a competent magistrate for the arrest of a person. • It is a more drastic step than the issue of a summons. • It is addressed to a person, usually a police officer, to apprehend and produce the offender in front of the court.
ESSENTIALS OF WARRANT OF ARREST- • The warrant must clearly mention the name and other particulars of the person to be arrested. • As per Section 70(1), every warrant of arrest shall be in writing. • It must be signed by the presiding officer of the court and must bear the seal of the court. • It must show the person to whom the authority to arrest has been given. • Section 73provides that a magistrate may direct a warrant to any person within his 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. • It may include a direction that if the person arrested under the warrant executes a bond and gives security for his attendance in court, he shall be released. Warrant with such a direction is called as bailable warrant of arrest. • 4. It must clearly specify the offence.
PROCEDURE FOR ISSUING A WARRANT- • When a request in appropriate format is made to the court for compelling the appearance for a person, the court either rejects the request or issues a Warrant. • As per Section 204, if in the opinion of the magistrate taking cognizance of the offence, there is sufficient ground for proceeding, and if the cases is a warrant case, he may issue a warrant or if he thinks fit, he may issue a summons. • Further, Section 87, empowers a magistrate to issue a warrant even if the case is a summons case if he has reason to believe that the summons will be disobeyed. • He must record his reasons for this action.
PROCEDURE FOR EXECUTING A WARRANT- • As per section 75, A warrant can be executed by showing the substance of the warrant to the person being arrest. • If required, the warrant must be shown to the person arrested. • Section 76 mandates that the person executing the warrant must produce the arrested person before the magistrate without unnecessary delay and within 24 hours excluding the time taken for travel from the place of arrest to the magistrate. • As per section 77, a warrant may be executed anywhere in India. • Section 78 specifies that if a warrant is to be executed outside the local jurisdiction of the court issuing it, such court may send it to the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be executed instead of directing it to the police officer within the jurisdiction of the issuing court.
PROCEDURE OF EXECUTING A WARRANT- • Section 79 specifies the procedure for executing a warrant outside the local jurisdiction of the issuing court as follows - • (1) 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. • (2) 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. • (3)Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the Magistrate or police officer within whose local jurisdiction the warrant is to be executed will prevent such execution, the police officer to whom it is directed may execute the same without such endorsement in any place beyond the local jurisdiction of the Court which issued it.

More Related Content

Warrants in India

  • 1. WARRANT. WHAT IS A WARRANT? TYPES OF WARRANTS. WHEN IS A WARRANT ISSUED?
  • 2. WHAT IS A WARRANT? • A written order issued by a judicial officer or other authorized pe rson commanding a law enforcement officer to perform some act i ncident to the administration of justice. • Warrants are recognized in many different forms and for a variety of purposes in the law. Most commonly, police use warrants as the basis to arrest a suspect and to conduct a search of property for evidence of a crime. • Warrants are also used to bring persons to court who have ignored a subpoena or a court appearance. In another context, wa rrants may be issued to collect taxes or to pay out money.
  • 3. WARRANTS IN CRIMINAL CASES- • An arrest warrant is usually designed to detain a person who is suspected of committing a specific crime. • By and large, an arrest warrant is granted when probable cause supports that a crime has been committed by the person listed in the warrant. • If a defendant fails to make an initial appearance in court after a citation has been issued, the court may issue an arrest warrant known as an alias warrant. • For instance, if a defendant does not show up in court after being summoned on a speeding ticket charge, the court may hand out an alias warrant for the defendant’s arrest. • Another kind of arrest warrant, known as a bench warrant, is sometimes issued to a defendant who fails to make his or her next scheduled court appearance.
  • 4. WARRANTS IN CRIMINAL CASES- • Search warrants are other common types of warrants. Customarily, a search warrant is issued for the purpose of permitting law enforcement officers to search a person or private property. • These warrants allow officers to investigate evidence about a crime that has been committed. • In general, courts require an officer to submit a sworn statement when requesting a search warrant. • Usually, the warrant must describe with particularity the person or place to be searched as well as the property being sought.
  • 5. WARRANTS IN CIVIL CASES- • If a plaintiff is seeking monetary relief from a defendant, the plaintiff may file a civil warrant in debt. • A warrant in detinue can be used by a plaintiff who wishes to recover personal property wrongly obtained by a defendant. • Generally, civil warrants are used for small claims court actions, and they require basic information, like the defendant’s name and address as well as the claim amount and basis. • Usually, a plaintiff must pay filing and sheriff fees in order to serve the warrant on the defendant.
  • 6. WARRANT OF ARREST. • A warrant of arrest is a written authority given by a competent magistrate for the arrest of a person. • It is a more drastic step than the issue of a summons. • It is addressed to a person, usually a police officer, to apprehend and produce the offender in front of the court.
  • 7. ESSENTIALS OF WARRANT OF ARREST- • The warrant must clearly mention the name and other particulars of the person to be arrested. • As per Section 70(1), every warrant of arrest shall be in writing. • It must be signed by the presiding officer of the court and must bear the seal of the court. • It must show the person to whom the authority to arrest has been given. • Section 73provides that a magistrate may direct a warrant to any person within his 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. • It may include a direction that if the person arrested under the warrant executes a bond and gives security for his attendance in court, he shall be released. Warrant with such a direction is called as bailable warrant of arrest. • 4. It must clearly specify the offence.
  • 8. PROCEDURE FOR ISSUING A WARRANT- • When a request in appropriate format is made to the court for compelling the appearance for a person, the court either rejects the request or issues a Warrant. • As per Section 204, if in the opinion of the magistrate taking cognizance of the offence, there is sufficient ground for proceeding, and if the cases is a warrant case, he may issue a warrant or if he thinks fit, he may issue a summons. • Further, Section 87, empowers a magistrate to issue a warrant even if the case is a summons case if he has reason to believe that the summons will be disobeyed. • He must record his reasons for this action.
  • 9. PROCEDURE FOR EXECUTING A WARRANT- • As per section 75, A warrant can be executed by showing the substance of the warrant to the person being arrest. • If required, the warrant must be shown to the person arrested. • Section 76 mandates that the person executing the warrant must produce the arrested person before the magistrate without unnecessary delay and within 24 hours excluding the time taken for travel from the place of arrest to the magistrate. • As per section 77, a warrant may be executed anywhere in India. • Section 78 specifies that if a warrant is to be executed outside the local jurisdiction of the court issuing it, such court may send it to the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be executed instead of directing it to the police officer within the jurisdiction of the issuing court.
  • 10. PROCEDURE OF EXECUTING A WARRANT- • Section 79 specifies the procedure for executing a warrant outside the local jurisdiction of the issuing court as follows - • (1) 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. • (2) 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. • (3)Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the Magistrate or police officer within whose local jurisdiction the warrant is to be executed will prevent such execution, the police officer to whom it is directed may execute the same without such endorsement in any place beyond the local jurisdiction of the Court which issued it.