CrPC Section 73 — Warrant may be directed to any person

CHAPTER VI PROCESSES TO COMPEL APPEARANCE

General

Summary

Sub-section (1) allows the Chief Judicial Magistrate or a first-class Magistrate to direct an arrest warrant to any person within the Magistrate’s local jurisdiction. The warrant may be for the arrest of an escaped convict, a proclaimed offender, or a person accused of a non-bailable offence who is evading arrest.

Sub-section (2) requires the person who receives the warrant to acknowledge receipt in writing. That person must carry out the warrant if the person to be arrested is on, or enters, land or other property under the recipient’s charge.

Sub-section (3) requires the arrested person to be handed over, along with the warrant, to the nearest police officer. The police officer must arrange for the person to be taken before a Magistrate with jurisdiction in the case, unless security is taken under section 71.

Official Text

(1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest.

(2) Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued, is in, or enters on, any land or other property under his charge.

(3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 71.

Sections referred to

CrPC §71 — Power to direct security to be taken

Related Judgments

AJITSINH CHEHUJI RATHOD vs STATE OF GUJARAT & ANR — Supreme Court of India (2024)
SANTOSH @ BHURE vs STATE (G.N.C.T.) OF DELHI — Supreme Court of India (2023)
STATE THROUGH CBI vs DAWOOD IBRAHIM KASKAR AND ORS — Supreme Court of India (1997)

Old <-> New Code Mapping

BNSS §75 — Warrant may be directed to any person