Section 75 CrPC: Notification of Substance of Warrant
This section deals with the notification of the substance of a warrant to the person against whom it is issued.
1. State the Code
Section 75 of the Code of Criminal Procedure, 1973
2. Explanation
Section 75 CrPC mandates that when a warrant is issued for the arrest of a person, the substance of the warrant should be communicated to that person. This communication can be done by:
- Reading the warrant to the person.
- Delivering a copy of the warrant to the person.
- By any other reasonable means.
This ensures that the person is aware of the charges against them and the reason for their arrest.
3. Illustration
Suppose a person is accused of theft and a warrant for their arrest is issued. The police officer executing the warrant must inform the accused of the reason for their arrest, which is the charge of theft, either by reading the warrant to them or giving them a copy of the warrant.
4. Common Questions and Answers
Q: Is it mandatory to read the warrant to the accused?
A: No, it’s not mandatory to read the warrant. The substance of the warrant can be communicated in any reasonable manner.
Q: Can a person be arrested without being informed of the reason for arrest?
A: No, the person must be informed of the reason for arrest, and this is ensured by Section 75 CrPC.
Q: What happens if the person is not informed of the substance of the warrant?
A: This can be a ground for challenging the arrest in court.
