Section 75: Warrant May Be Directed To Any Person
Code:
(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.
Explanation:
- This section empowers a Chief Judicial Magistrate (CJM) or a Magistrate of the first class to issue a warrant for the arrest of certain individuals.
- The warrant can be issued to any person within the Magistrate’s jurisdiction.
- The individuals who can be arrested based on this warrant include:
- Escaped convicts: Individuals who have escaped from lawful custody.
- Proclaimed offenders: Individuals who have been declared absconding by the court.
- Persons accused of a non-bailable offence and evading arrest: Individuals charged with an offense where bail is not granted and are avoiding apprehension by the authorities.
(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.
Explanation:
- The person who receives the warrant must acknowledge receipt in writing.
- They are obligated to execute the warrant (arrest the individual) if the person they are seeking is found on their property or enters their property.
(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 73.
Explanation:
- Once the person is arrested, they must be handed over to the nearest police officer along with the warrant.
- The police officer then must bring the arrested person before the Magistrate having jurisdiction in the case.
- However, if security (like a surety bond) is taken under Section 73, then the arrested person might be released.
Illustration: Warrant May Be Directed To Any Person
Imagine a man is accused of murder, a non-bailable offence. He is evading arrest. The CJM, after verifying the allegations, can issue a warrant for his arrest to the warden of a prison. If the accused enters the prison premises, the warden is obligated to arrest him and hand him over to the police, who will then bring him before the Magistrate.
Common Questions and Answers: Warrant May Be Directed To Any Person
Q: Who can issue a warrant under Section 75?
A: Chief Judicial Magistrate or a Magistrate of the first class.
Q: Who can be arrested under this section?
A: Escaped convicts, proclaimed offenders, and individuals accused of non-bailable offences who are evading arrest.
Q: What happens when the person is arrested?
A: They are handed over to the nearest police officer, who takes them before the Magistrate.
Q: Can the arrested person be released without appearing before the Magistrate?
A: Yes, if security is taken under Section 73.
