Legal Provisions of Section 73 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Warrant may be directed to any person:
ADVERTISEMENTS:
This section provides that a warrant may be addressed to any person in the local jurisdiction. It may be for arrest of an escaped convict or a proclaimed offender or any person who is accused of a non-bailable offence is evading his arrest. Neglect by such person to execute the warrant is punishable under Section 187, I.P.C.
In Birendra Kumar Rai v. Union of India, the Intelligence Officer of the Narcotic Control Bureau served the detention order on a person who was in jail. The High Court of Allahabad held that notifying the substance of the warrant of arrest amounted to the arrest of the person and the warrant was deemed to have been duly executed.
Issuance of a warrant of arrest on a person who was residing in Dubai for many years and was required by the Court merely for interrogation was held to be illegal and without jurisdiction because the person named was neither an escaped convict nor a proclaimed offender nor was he evading his arrest.