Warrant of Arrest:
The Supreme Court recently clarified that when an arrest is made with a warrant, a separate communication of the arrest grounds isn’t required, as the warrant itself serves this purpose.
Warrant of Arrest:
- This is a written order issued by a judge or magistrate, supported by a sworn affidavit, authorizing the arrest and custody of a person accused of committing a specific offense.
- A police officer who executes the warrant shall notify the substance thereof to the person to be arrested and if he demands, shall show him the warrant.
- The officer is also obligated to promptly bring the arrested individual before the court without unnecessary delays.
- Valid Warrant:
- A warrant of arrest should be
- in writing
- signed by the presiding officer of the Court and
- should bear the seal of the Court.
- It should also contain the name of the accused, his address, the offence with which he is charged.
- If any of these factors is absent, the warrant is not in order, and an arrest made in execution of such a warrant is illegal.
- A warrant of arrest should be
- A bailable warrant is a Court’s order which contains a direction that if the person arrested executes a bail with sufficient sureties for his attendance before the Court, he may be released from custody.
- In that case it shall further state the number of sureties, the amount of the bond and the time for attending the Court.
- In case of a non-bailable warrant, the direction for bail will not be endorsed on the warrant.
- Arrest Without Warrant: A police officer is empowered to arrest a person without a warrant if there is reasonable suspicion of their involvement in a cognizable offense.
