Q. What do you understand by Warrant of Arrest? Describe the procedure for issue and execution of a Warrant of Arrest. When can a court issue a warrant in a case in which it is empowered to issue a summons? When can a warrant be issued for recovery of a fine?
Introduction
To meet the ends of justice, it is critical to produce the accused and other witness or related parties before the court whenever needed. If the accused is found guilty at the conclusion of the trial, he must be present in person to receive the sentence. Also, his presence is necessary if imprisonment is to be enforced. Further, the supremacy of the law will be questionable if there is no formal process to bring the required persons before the court. For this reason, Chapter VI (Sections 61 to 90) of CrPC provides two ways for compelling the appearance of any person who is required to be present in the court, in the court - Summons and Warrant. While Summons is an order of the court to the person to appear before it, Warrant is an order of the court given to a third person to bring the person who is required to be present in the court, in the court. Which method is to be used in a particular situation depends on the judicial officer, who is guided by the provisions of this code.
The code classifies all criminal cases into summons cases and warrant cases. A case is a warrant case if the offence is punishable by death, imprisonment for life or imprisonment for more than two years. A summons case is a case that is not a warrant case. Thus, The basis of classification is the seriousness of the offence. Since summons case contains a lesser sentence, there is less probability of the accused violating the court order. Therefore, generally, a summons is issued for a summons case and a warrant is issued for a warrant case. However, when a Summons is not productive in making a person appear before the court, the count may issue a warrant to a police officer or any other person to forcibly produce the required person before the court.
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.
Essential Elements of a valid warrant -
1. 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. As per section 70(2), a warrant remains in force until it is canceled or is executed. Normally, Form 2 of Second schedule is used to write a warrant.
2. It must show the person to whom the authority to arrest has been given. As per Section 72, a warrant is normally directed to one or more police officers but, if necessary, the court may direct it to any other person or persons. Further, section 73 provides 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.
3. 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.
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.
When can a court issue a Warrant in a case in which it is empowered to issue summons
As per Section 87 a court may issue a warrant even in a case in which it is empowered only to issue a summons. A court can issue a warrant either before issuing a summons or even after issuing a summons. It may do so if it has reason to believe that the person has absconded or that the person will not obey the summons. Further, a court may issue a warrant if the summons was duly served and still the person fails to appear before it at the required date and time without any reasonable excuse. The court must record its reasons to do so.
It must be noted that Section 204 empowers the court to issue a summons even for a warrants case if it believes that a summons is sufficient to enforce the appearance of the person before it, while Section 87 empowers the court to issue a warrant even in a summons cases, if reasonable causes exist. In general, a warrant ought not to be issued where a summons can serve the purpose and care should be exercised by the court to satisfy itself that upon the materials present before it, it was necessary to issue a warrant. In Anoop Singh vs Cheelu AIR 1957, it was held that this applies to an accused as well as a witness. But where the court has no power to issue a summons, it cannot issue a warrant under this section. In P K Baidya vs Chaya Rani AIR 1995, it was held that when a witness avoids his appearance in spite of the summons being appropriately served, court can take steps for securing his presence under this section.
When can a warrant be issued for recovery of a fine
Section 421 - Warrant for levy of fine-
(1) When an offender has been sentenced to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may,-
(a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender;
(b) issue a warrant to the Collector of the district, authorizing him to realize the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter:
Provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless, for special reasons to be recorded in writing, it considers it necessary so to do, or unless, it has made an order for the payment of expenses or compensation out of the fine under Section 357.
(2) The State Government may make rules regulating the manner in which warrants under Clause (a) of sub-section (1) are to be executed, and for the summary determination of any claims made by any person other than the offender in respect of any property attached in execution of such warrant.
(3) Where the Court issues a warrant to the Collector under Clause (b) of sub-section (1), the Collector shall realize the amount in accordance with the law relating to recovery of arrears of land revenue, as if such warrant were a certificate issued under such law:
Provided that no such warrant shall be executed by the arrest or detention in prison of the offender.
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