Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 72
This section deals with the form of warrant of arrest and duration or issuance and validity of arrest warrants under the BNSS.
Code:
(1) Every warrant of arrest issued by a Court under this Sanhita shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court.
(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.
Explanation: Form Of Warrant Of Arrest And Duration
- Requirement of Writing and Signature: An arrest warrant must be in writing and signed by the presiding officer of the court issuing it. This ensures accountability and prevents abuse of power.
- Court Seal: The warrant must bear the court’s seal, authenticating its issuance and validity.
- Validity: A warrant remains in force until it is either:
- Cancelled by the issuing court.
- Executed by the authorities (meaning the arrest is made).
3. Illustration:
Imagine a magistrate issues an arrest warrant for a person accused of theft. The warrant is in writing, signed by the magistrate, and bears the court’s seal. This warrant remains valid until the accused is arrested or the magistrate cancels it.
4. Common Questions and Answers: Form Of Warrant Of Arrest And Duration
Q: What happens if a warrant is not in writing?
A: A warrant not in writing is invalid and cannot be used for an arrest.
Q: Can a warrant be issued by someone other than a presiding officer?
A: No, only the presiding officer of the court can issue a valid arrest warrant.
Q: How long does a warrant remain valid?
A: A warrant remains valid until it is cancelled or executed, with no specific time limit.
Q: What happens if a warrant is executed after it is cancelled?
A: An arrest made after a warrant is cancelled is illegal and the person arrested can be released.
