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inter-state warrant and arrest procedure

Finance

I have filed  FIR in one state and the culprit is in another state. The police took long time to travel and obviously some information was leaked. So when police traveled to another state with the arrest warrant, the culprit is absconding and not traceable. 

I would like to know, what is the typical process and how do I ensure that police is forced to arrest the culprit.

Thanks

 
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 Execution of a warrant outside jurisdiction of the Court—Under Section 78  of the Code a warrant to be executed outside the local limits of the jurisdiction of the Court issuing it, may be forwarded by post or otherwise to the Superintendent of Police of the district in which it is to be executed. Similarly, by Section 85 (Section 80 of the New Code) an offender when arrested may be taken before the Superintendent of Police instead of a Magistrate, and by Section 86, the Superintendent of Police may send the offender to the Court issuing the warrant.

To be elaborate kindly go through the following provisions:

77.Where warrant may be executed.-

A warrant of arrest may be executed at any place in India.

78.Warrant forwarded for execution outside jurisdiction.-

(1) When a warrant is to be executed outside the local jurisdiction of the Court issuing it, such Court may, instead of directing the warrant to a police officer within its jurisdiction, forward it by post or otherwise to any Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be executed; and the Executive Magistrate or District Superintendent or Commissioner shall endorse his name thereon, and if practicable, cause it to be executed in the manner herein before provided.
(2) The Court issuing a warrant under sub-section (1) shall forward, along with the warrant, the substance of the information against the person to be arrested together with such documents, if any, as may be sufficient to enable the Court acting under section 81 to decide whether bail should or should not be granted to the person.

79.Warrant directed to police officer for execution outside jurisdiction.-

(1) When a warrant directed to a police officer is to be executed beyond the local jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either to an Executive Magistrate or to a police officer not below the rank of an officer in charge of a police station, within the local limits of whose jurisdiction the warrant is to be executed.

(2) Such Magistrate or police officer shall endorse his name thereon and such endorsement shall be sufficient authority to the police officer to whom the warrant is directed to execute the same, and the local police shall, if so required, assist such officer in executing such warrant.

(3)Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the Magistrate or police officer within whose local jurisdiction the warrant is to be executed will prevent such execution, the police officer to whom it is directed may execute the same without such endorsement in any place beyond the local jurisdiction of the Court which issued it.

80.Procedure on arrest of person against whom warrant issued.-

When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the Court which issued the warrant is within thirty kilometres of the place of arrest or is nearer than the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 71, be taken before such Magistrate or District Superintendent or Commissioner.

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Note:

this shall also be subject to explanation and practical procedures detailed in Criminal Rules of Practice of the respective state from where the warrant is issued

 
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Advocate

Hope the explanation given by ld.adv. Mr. Pratap solves your issue. In practice, though you have strained to reach to the accused place with police force, such mishaps will occur, so plan your own strategy next time.

 
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