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WARRANT OF ARREST

WARRANT OF ARREST :

Every warrant of arrest issued by a Court under this Code 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. The requisites of a warrant are as follows:

1. It must be in writing.

2. It must bear the name and designation of the person who is to execute it;

3. It must give full name and description of the person to be arrested;

4. It must state the offence charged;

5. It must be signed by the presiding officer; and

6. It must be sealed.

Such warrant is only for protection 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.

 

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