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Ashwin Kumar Ballari (PVT)     01 December 2011

What are essential for valid warrant of arrest ?

What are essential for  Valid  Warrant of arrest ?

A Court of Judicial Magistrate of first class  issues a wrrant of arrest  directing the police  to arrest  the proprietor  of a firm without mentioning  the name  or descripttion of the proprietor . Is the warrant of arrest is valid ? Please give details with reasons?



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 5 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     01 December 2011

no and now there are stringent directions by SC in this matter.

Ashwin Kumar Ballari (PVT)     01 December 2011

thank you Sir

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 December 2011

:-) NO.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

S.B.adil rahman (Legal Consultant )     12 June 2012

Section 70 of CrpC 1973 fixes  the following criteria of a valid warrant of arrest:

a) It should be in appropriate form

b) Must be issued by a court and must be in writing

c) Shall bear the signature of the presiding officer i.e Magistrate or Judge of the court &

d) Shall bear his signature

These essentials are further followed by the date by which the W/A has to be executed and also the nature whether it is bailable or non bailable with a gist of substance of the offence so that the arresting officer can inform the arrestee the nature of offence and the ground for which he is arresting him.Normally the sections of law indicate the nature of the offence. The W/A remains valid until executed or recalled by the issuing court or quashed by any superior court of law. It must above all bear the name (and also the father's name if known to the court or the officer on whose prayer it is issued) and age of the wanted person with his address. Any warrant falling short of the above mentioned criteria will be an incomplete w/a with no force of law to arrest the actual person. 

S.B.adil rahman (Legal Consultant )     12 June 2012

You can go through section 70 of the code of criminal procedure 1973 to know the essentials of a valid warrant of arrest.


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