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saswataranjandash   26 November 2021

Crpc section 81 and 167 2 (a)

I have a doubt on CrPC section 81 and Section 167 2(A).


As per Section 81 the Warranty to be brought before Executive Magistrate.


Further according to section 81,If the offence is non Bailable,It shall be lawful for the Chief JM or the Sessions Judge of the district to release such person on bail.


But there is not mentioned whether Executive Magistrate to sent Non Bailable warranty to Judicial custody nor in case of bail bond not produced by the Bailable warranty.


But according to Section 167 2 A, In case of unavailability of Judicial Magistrate,An Executive Magistrate _Specially conferred with the power of Judicial Magistrate_ can send the accused to judicial custody not exceeding 7 days.


So what is the role of an executive magistrate who is NOT specially empowered with the power of JM?How should he deal with the warranty produced before him as per section 81 in case of a non Bailable warranty and in case of a Bailable warranty who does not produce Bail bond?


 5 Replies

P. Venu (Advocate)     26 November 2021

What are the facts? What is the context?

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saswataranjandash   26 November 2021

A foreign Warranty has been produced before me as I am an Executive Magistrate.This is a NBW.

P. Venu (Advocate)     26 November 2021

Your profile suggests that you are trying to have some fun at the expense of this platform which is meant ofr those who are trouble or dilemma because of realtime legal issues.

saswataranjandash   26 November 2021

Sir,This is a genuine question as I am in dillema,I have sent the warranty to 7 days Judicial Custody as per Section 167 2 (A) (Which may not be the correct procedure  as an EM specially conferred with JM power can send the accused to judicial custody not exceeding 7 days.)

Now as the 7 day time period is over, Whether I should order to produce him before the Chief Judicial Magistrate??

Archana Pandey   22 January 2022

Dear Mr. Sashwat,

With reference to your query, Sections 70-80 crpc, under Warrant of Arrest - The CJM or First Class Magistrate can direct a warrant to any person within his juridiction for the arrest of such person who are escaping from the arrest and also a accused of a non bailable offence.

  • If a warrant of arrest is executed outside the territorial limit, the arrested person must be taken before a Magistrate unless the Court which has issued the warrant is within thirty kilometers of the place of arrest, or is nearer than the Magistrate. The Executive Magistrate must direct the removal of the arrested person to the Court  if such person appears to be the same person as was contemplated by such Court. 
  • However, if the offence is bailable, a person is ready and willing to give satisfactory bail, the Magistrate must take such bail and forward the bond to the Court issuing the warrant. Even if the offence is non-bailable, it is upto a Chief Judicial Magistrate or the Session Judge to release such a person on bail, after considering the information and documents referred under S. 78(2).
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