Arrest under a warrant is a formal procedure outlined in the Criminal Procedure Code, 1973 (Cr.P.C.), India. The issuance of a warrant implies that the arrest cannot be made merely on suspicion but must follow a legal directive, usually issued by a competent court. The Cr.P.C. provides an elaborate framework regarding the types of warrants, the conditions of their execution, and the legal rights of the arrestee.

Types of Warrants (Sections 70 to 81 Cr.P.C.)

Warrants of arrest are of two types:

1. Bailable Warrant: If the person is arrested, they are allowed to be released on bail, provided the bail conditions are met.
2. Non-bailable Warrant: The arrested person must be produced before the court, and bail is not automatically granted.

Issuance of Warrants

Warrants are issued by a Magistrate in various circumstances, for example:

• When a person fails to appear before the court after being summoned.
• When immediate arrest is required in non-cognizable offenses.
• When arrest is necessary to prevent the escape of an accused.

Detailed Procedure for Execution of Warrant

1. Issuance of Warrant (Section 70 Cr.P.C.)

• Every warrant of arrest issued by a court must be in writing, signed by the presiding officer of the court, and bear the seal of the court. It must clearly indicate the person to be arrested and the reasons for the arrest.
• The warrant can be bailable or non-bailable as per the court’s discretion.

1. Form and Duration (Section 71 Cr.P.C.)

• A bailable warrant shall include directions for the police to release the arrested person on bail, provided a surety appears. If the surety is not provided, the person must be produced before the court.
• Non-bailable warrant does not contain such instructions. It compels the police to produce the arrested individual directly before the court.

1. To Whom a Warrant is Directed (Section 72 Cr.P.C.)

• A warrant is usually directed to a police officer or any other person whom the court deems appropriate to execute the warrant.
• In case of a public servant, the court may also direct the arrest warrant to such authority for execution.

1. Execution of Warrants (Section 73 Cr.P.C.)

• The warrant must be executed by the person to whom it is directed. If a police officer or other designated individual is not able to execute it, they may delegate it to another competent authority.
• Case Law: Nirmaljit Singh Hoon v. State of West Bengal (1973)
  • It was held that once the warrant is issued, it must be executed promptly, failing which it might lose its effectiveness, especially in cases where an immediate arrest is necessary to prevent escape.

1. Duty of Person Arresting (Section 74 Cr.P.C.)

• When the warrant is executed, the person executing it must show the arrestee the warrant if the person is demanded it.
• Failure to show the warrant may render the arrest illegal.
• Case Law: Ravi Singhal v. State of Rajasthan (1985)
  • The court observed that the police must have a valid warrant at the time of arrest, and the arrest becomes illegal if the person demands to see the warrant and it is not shown.

1. Person Arrested to be Produced Before Magistrate (Section 76 Cr.P.C.)

• The person arrested must be produced before a Magistrate within 24 hours of arrest, excluding the time necessary for travel.
• This is in line with Article 22(2) of the Indian Constitution, which guarantees the right of a person not to be detained without being produced before a judicial officer within 24 hours of arrest.

1. Protection Against Illegal Arrest (Section 50 Cr.P.C.)

• Any person arrested must be informed of the grounds for arrest and, in case of a bailable offense, of their right to bail.
• Case Law: Joginder Kumar v. State of UP (1994)
  • The Supreme Court emphasized that arrest should not be made merely on suspicion. It was further held that the grounds of arrest must be communicated to the accused.

1. Arrest Outside Jurisdiction (Section 77 Cr.P.C.)

• A warrant may be executed anywhere in India, which means a police officer can arrest a person outside their state or district with a valid warrant issued by a court.

1. Procedure in Case of Arrest in Another District (Section 78 Cr.P.C.)

• If a person is arrested in a different district, the police officer must produce them before the Magistrate having jurisdiction over the area where the person was arrested, unless the arrest warrant specifically states otherwise.

1. Procedure When Warrant Executed Outside the Jurisdiction of the Magistrate (Section 79 Cr.P.C.)
   • If the arrest is made outside the local jurisdiction of the Magistrate who issued the warrant, the arrestee is to be taken to a Magistrate within the district where the arrest took place. However, the arrested person is to be handed over to the court that issued the warrant as soon as possible.
2. Service of Summons or Warrant by Post (Section 90 Cr.P.C.)
   • In some cases, a summons or warrant may be served by post to the accused person. If the person fails to respond to the summons, a warrant can be issued subsequently.

Landmark Case Laws Related to Warrants and Arrests

1. State of Maharashtra v. Christian Community Welfare Council of India (2004)

• In this case, the Supreme Court ruled that the issuance of non-bailable warrants should be an exception and not the norm. Courts must be cautious while issuing non-bailable warrants as it impacts the liberty of individuals.

1. Inder Mohan Goswami v. State of Uttaranchal (2007)

• The court emphasized that non-bailable warrants should only be issued when it is apparent that the person is trying to avoid the court’s process. The discretion to issue non-bailable warrants must be exercised judiciously and with caution.

1. Abdul Rehman Antulay v. R.S. Nayak (1992)

• This case discusses procedural irregularities that can occur in the execution of warrants and emphasizes the importance of timely production before the Magistrate.

Conclusion

The procedure for the arrest of a person against whom a warrant has been issued under the Cr.P.C. aims to balance the state’s need to enforce the law with the individual’s rights and liberties. The Cr.P.C. provides detailed safeguards at every step, from the issuance of the warrant to its execution, ensuring that the process is lawful, transparent, and respectful of constitutional protections.