Section 70 CrPC: Warrant of Arrest – Form & Duration

1. Code

Section 70 of the Code of Criminal Procedure, 1973 (CrPC) deals with the form and duration of warrants of arrest.

2. Explanation

This section prescribes the following:

• Form of the Warrant: A warrant of arrest must be in writing and should specify the following:
  • The name of the court issuing it
  • The date of issue
  • The name and description of the person to be arrested
  • The offence for which the arrest is sought
  • The authority to whom the warrant is directed
  • The manner of execution (e.g., by day or night)
• Duration of the Warrant: A warrant of arrest remains valid until it is executed or cancelled by the court. However, it may be revoked or modified at any time by the court that issued it.

3. Illustration

Suppose a person named “A” is accused of theft. The Magistrate issues a warrant of arrest for “A” under Section 70 CrPC. The warrant will specify the Magistrate’s court, the date of issue, “A’s” name and description, the theft charge, the police officer to whom the warrant is directed, and the manner of execution (e.g., during daylight hours). This warrant will remain valid until it is executed or cancelled by the Magistrate.

4. Common Questions and Answers

Q: Can a warrant of arrest be issued without a reason?
A: No. The warrant must specify the offence for which the arrest is sought.

Q: Can a warrant of arrest be executed at any time?
A: No. The warrant must specify the manner of execution, which may restrict the time of execution (e.g., only during daylight hours).

Q: How long does a warrant of arrest remain valid?
A: It remains valid until it is executed or cancelled by the court.

Q: Can a warrant of arrest be revoked?
A: Yes. The court issuing the warrant can revoke or modify it at any time.