Warrant of Arrest
Warrant of arrest issued by the court to of law in order to bring the required person in the court with help of police or other person empowered on this behalf.
Form of warrant of arrest
Under section 75 of Cr.P.C. followings are the essential of warrant of arrest or we can say form of warrant of arrest;
- Ever warrant of arrest shall be in writing
- Signed by presiding officer of court
- In case bench of magistrate, any member of that bench
- It must bear seal of the court
Warrant to whom directed
Section 77 of Cr.P.C. says that warrant can be directed to following persons;
- Ordinary be directed to police officer
- If no police officer is immediately available and if immediate execution is necessary, court may diret it to any other person
- Warrant can be directed to several persons
- Warrant may be directed to landlords, farmers or manger o land for arrest of any escaped convict of proclaimed offender who is hiding in that land
- Such person acknowledge in writing the warrant of arrest
- Such person after arresting criminal made over with warrant to nearest police officer
Release on furnishing security when court may direct security to be taken
Under section 76 of Cr.P.C. if such person execute bond with sufficient securities for his attendance, it shall state;
- Number of sureties
- The amount in which they and the person for whose arrest warrant is issued are bound
- The time at which he must attend court
Difference between warrant and summons
- A warrant is an order addressed to a person, usually a police officer, to do any particular act such as apprehensive or production of an offender or the search for a thing.
- A summons is always addressed to the person who is required either to attend or to produce a document or thing.
- A warrant to be issued by a court should assign reason. Issuance of warrant without assigning any reason in bad in law.