Legal Provisions of Section 70 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Form of Warrant of Arrest and Duration:
As stated in the section itself, a warrant is an order addressed to a person, usually a police officer directing him to ensure apprehension and production of an offender before a Court. A warrant of arrest shall be issued in Form No. 2 of Schedule II of the Code. The requisite of a valid warrant are:—
ADVERTISEMENTS:
(1) It must be in writing;
(2) It must bear the name and address of the person (usually a police officer) who is to execute it;
(3) It must give full name and description of the person to be arrested;
(4) It must clearly specify the offence;
ADVERTISEMENTS:
(5) It must be signed by the Presiding Officer;
(6) It must bear the seal of the Court.
A warrant of arrest remains in force until it is cancelled by the Court or it is executed.
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ADVERTISEMENTS:
Difference between Summons and Warrant
Though both, summons and warrant are the processes issued by the Court but the two differ in the following aspects:—
(1) A summons is always addressed to the person who is required to attend or produce a document/thing before the Court. But a warrant is addressed to a person (usually a police officer) to arrest and produce an offender or make a search for a thing.
(2) Summons are ordinarily issued at the first instance but a warrant is used as an exception when the accused or person seems to be deliberately avoiding the service of the summons on him.
(3) A warrant remains in force until it is either executed or is cancelled by the Court even though it bears a returnable date, but it is not the case with a summons.
The purpose of warrant is accomplished when accused is arrested and brought before the Court. If a warrant issued by the Court remains unexecuted, the Court is entitled to enquire as to why it was not executed.
In Dulichand v. Stale of Rajasthan, the Court held that issue of a bailable warrant by Court to compel presence of person who, according to the F.I.R. was involved in the abetment of the offence, was perfectly justified.