What is the form of Warrant? Who has the power to direct security to be taken? Warrants to whom directed? Section 70, 71 and 72 of Code of Criminal Procedure 1973.
Form of Warrant, Power to security to be taken, Warrants whom directed are defined under Section 70, 71 and 72 of CRPC 1973. Provisions under these sections are:
Section 70 of CRPC. "Form of warrant of arrest and
duration"
(1) Every warrant of arrest issued by a Court under this Code
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.
Section 71 of CRPC. "Power to direct security to be taken"
(1) Any Court issuing a warrant for the arrest of any person
may in its discretion direct by endorsement on the warrant that,
if such person executes a bond with sufficient sureties for his
attendance before the Court at a specified time and thereafter
until otherwise directed by the Court, the officer to whom the
warrant is directed shall take such security and shall release
such person from custody.
(2) The endorsement shall state-
(a) the number of sureties;
(b) the amount in which they and the person for whose arrest the
warrant is issued, are be respectively bound;
(c) the time at which he is to attend before the Court.
(3) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court.
Section 72 of CRPC. "Warrants to whom directed"
(1) A warrant of arrest shall ordinarily be directed to one or
more police officers; but the Court issuing such a warrant may,
if its immediate execution is necessary and no police officer is
immediately available, direct it to any other person or persons,
and such person or persons shall execute the same.
(2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more of them.