Section 422 CrPC: Effect of Warrant – Code of Criminal Procedure

1. State the code

Section 422 of the Code of Criminal Procedure (CrPC) deals with the effect of a warrant issued by a Magistrate.

2. Explain it

This section specifies that once a warrant is issued by a Magistrate, it remains valid until:

• It is executed, meaning the person named in the warrant is apprehended or brought before the court.
• It is cancelled by the Magistrate who issued it.
• It is set aside by a higher court.

This section also states that a warrant can be executed by any police officer authorized to execute warrants within the jurisdiction where it was issued.

3. Illustrate it

Let’s say a Magistrate issues a warrant for the arrest of Mr. X. This warrant remains valid until Mr. X is arrested or the warrant is canceled by the Magistrate or a higher court. Even if the police officer who initially had the warrant is transferred or reassigned, another officer in the same jurisdiction can execute the warrant.

4. Common Questions and Answers

Q: Can a warrant be executed outside the jurisdiction where it was issued?

A: Generally, no. A warrant can only be executed within the jurisdiction where it was issued. However, there are exceptions under Section 423 CrPC, which allows for execution in another jurisdiction with the permission of a Magistrate.

Q: What happens if the warrant is not executed within a reasonable time?

A: There is no specific timeframe for execution within the CrPC. However, if a warrant remains unexecuted for an unreasonable period, the Magistrate may consider canceling it or issuing a fresh warrant.

Q: Can a warrant be recalled or canceled after it is issued?

A: Yes, a warrant can be recalled or canceled by the Magistrate who issued it, or by a higher court. This could happen if there is new information or evidence that suggests the warrant was issued incorrectly or if the accused has already been apprehended.