Warrant of Arrest II BNSS 2023II Section - 72, 74, 75 & 227 II Hindi

Warrant of Arrest (in BNSS)
(Chapter – VI process to compel Appearance)

Essential element of a valid warrant:-
1. Section 72 : Form of warrant of arrest and duration
Every warrant of arrest issued by a court, shall be in writing, signed by the presiding officer of such court and shall bear the seal of the court.
Every such warrant remain in force until it is cancelled by the court which is issued it or until it is executed.
2. it must show the person to whom the authority to arrest has been given.

Section 74: warrant to whom directed
A warrant is normally directed to one or more police officer but if necessary, the court may direct it to any other person or persons.
Section 75: Warrant may be directed to any person
The Chief Judicial Magistrate or Magistrate- I may direct to any person within his local jurisdiction for the arrest of any escape convict, proclaimed offender or of any person who is accused of non-bailable offence and is evading arrest.
3. It may include direction that if the person under warrant execute 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.

Section 227 : Issue of process
(Chapter-XVII commencement of proceeding before Magistrate)
If in the opinion of Magistrate taking cognizance of an offence these is sufficient ground for proceeding and the case appear to be :-
A Summons case, he shall issue summons to the accused for his attendance or
A warrant case, he may issue a warrant, or if he think fit, a summons, for causing the accused to be brought or to appear at a certain time before Magistrate or (if he has no jurisdiction) some other Magistrate having jurisdiction.
Provided that Summons or warrant may also be issued through electronic means.

The BNSS allows up to 15 days of police custody, which can be authorised in parts during the initial 40 or 60 days of the 60 or 90 days period of judicial custody. This may lead to denial of bail for the entire period if the police has not exhausted the 15 days custody.
The power to attach property from proceeds of crime does not have safeguards provided in the Prevention of Money Laundering Act.
The CrPC provides for bail for an accused who has been detained for half the maximum imprisonment for the offence. The BNSS denies this facility for anyone facing multiple charges. As many cases involve charges under multiple sections, this may limit such bail.
The use of handcuffs is permitted in a range of cases including organised crime, contradicting Supreme Court directions.
The BNSS retains provisions of the CrPC related to maintenance of public order. Since trial procedure and maintenance of public order are distinct functions, the question is whether they should be regulated under the same law or be dealt with separately.
Recommendations of high level committees on changes to the CrPC such as reforms in sentencing guidelines and codifying rights of the accused have not been incorporated in the BNSS.

The Code of Criminal Procedure, 1973 (CrPC) is a procedural law established for the administration of the Indian Penal Code, 1860 (IPC). It governs the procedure for investigation, arrest, prosecution, and bail for offences. The CrPC was first passed in 1861 to address the problem of multiplicity of legal systems in India.[1] Since then it has been revised on multiple occasions. In 1973, the erstwhile act was repealed and replaced by the existing CrPC, and changes like anticipatory bail were introduced. It was amended in 2005 to add changes such as provisions for plea bargaining and rights of arrested persons.[3]

Over the years, the Supreme Court has interpreted the CrPC in varied ways and revised its application. These include: (i) mandating the registration of an FIR if the complaint relates to a cognisable offence, (ii) making arrests an exception when the punishment is less than seven years of imprisonment, (iii) ensuring bail for bailable offence is an absolute and in-defeasible right and no discretion is exercised in such matters. The Court has also ruled on procedural aspects such as establishing guidelines for custodial interrogations and emphasising the importance of speedy trials. However, the criminal justice system continues to face challenges like case backlogs, trial delays, and concerns about treatment of underprivileged groups.

The Bharatiya Nagarik Suraksha Sanhita, 2023