Arrest Summons & Warrant

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Arrest Summons & Warrant is a very important topic in Criminal Procedre Code 1973. It is one of the most important question for judicial examinition
Arrest, Summons & Warrant:
S. 70 of Cr.P.C. Provides fo a warrant of arrest. According to it, the warrant should be issued by a court under Cr.P.C. However, it should be in writing and signed by the Presiding Officer of that court and it should bear the seal of the Court.

Ingredients of valid warrant :
-To be in writing: It is the essential element of warrant that, it must be in writing. The court issuing the warrant may, direct that, if a person against whom a warrant is issued, executes a bond with sufficient sureties for his attendance in court, may be released. In such case it would be a bailable warrant, otherwise it would be non-bailable one.
-Signature of a Presiding Judge: The warrant of arrest must be necessarily signed by the Judge issuing the warrant. If it is not so, can not be lawfully execute.
-Seal of the Court: The another essential for the validity of the warrant is that, it must bear the seal of the Court, which has issued the warrant.
-Description of a person to be arrested: It is also essential that, the warrant should also contain fair and reasonable description name, age, occupation, designation and residential address of such person. If these particulars are not given, then such warrant is liable to be invalid.
-Offence to be specified: A warrant of arrest should also specify the offence for which the person to be arrested and detailed.
-Name of the person executing the warrant: The name of the person who is to executive the warrant is to mentioned in the warrant. However, the courts are given the power to direct that, in the absence of particular Police Officer any other person present, to execute the warrant.

Execution of Warrant:
The warrant of arrest can be executed in any part of India and the person executing it should without unnecessary delay, bring that person before the court issuing the warrant. Such period shall not be more than 24 hours, excluding the time of journey.
Whenever, the warrant is to be executed outside the local jurisdiction of the court, it may forward the warrant to any Executive Magistrate or D.S.P. Or Commissioner of Police within the local limits of whose jurisdiction, it is to be executed.
If the warrant of arrest is executed outside the district, in which, it has been issued, the arrested person should be taken before the Magistrate concerned, or the DSP, if such Magistrate is not within the distance of 30 km. from the place of arrest, or is not nearer than such DSP. Such Magistrate or DSP thereupon, direct the production of such person before the court, which issued that warrant. However, if the warrant is bailable, then such magistrate or DSP may take the sureties from arrested person for his attendance in court issued a warrant.

Difference Between Summons and Warrant:
1) Summons is an order to a person to appear before a court. Whereas, the Warrant is an order to a police officer, or any other person to arrest a particular parson.
2) Absconding to evade he service of warrant is punishable under I.P.C., but absconding to evade the service of summons is not punishable.
3) The provisions relating to substituted service are peculiar to case of summons and do not apply to warrant.
4) The issue of warrant is more drastic step than the issuance of summons. A warrant is normally issued in more serious cases. A warrant is justified, if a summons is duly served and not obeyed, or if the accused wilfully avoids the service of summons.

[adv.truptibhamarepingale]

Sir, Very important topic for lb llm and Clat students. Also very useful for judiciary pre and mains exams. you explain in easy to understand. Thanks