CrPC Sections 70, 71 and 72: Form of Arrest Warrant, Security and Warrants to Whom Directed
Sections 70, 71 and 72 of the Code of Criminal Procedure, 1973 governed three basic aspects of a warrant of arrest: its required form and duration, the Court's power to permit release on security through an endorsement on the warrant, and the person or officers to whom the warrant could be directed.
Meaning of a warrant of arrest under the CrPC
A warrant of arrest is a written judicial command authorising the arrest of the person named or sufficiently identified in it. Under Section 70, a valid warrant issued by a Court had to be in writing, signed by the presiding officer and bear the seal of the Court. Unlike a summons, a warrant authorises the person to whom it is lawfully directed to take the person concerned into custody in accordance with the Code.
Section 70 CrPC - Form of warrant of arrest and duration
Section 70(1): Every warrant of arrest issued by a Court under the Code shall be in writing, signed by the presiding officer of that Court and shall bear the seal of the Court.
Section 70(2): Every such warrant remains in force until it is cancelled by the Court which issued it or until it is executed.
Essential requirements of Section 70
- The warrant must be a written judicial process.
- It must carry the signature of the presiding officer of the issuing Court.
- It must bear the Court's seal.
- It does not lapse merely because time passes; it continues until cancellation by the issuing Court or execution.
Section 71 CrPC - Power to direct security to be taken
Section 71 enabled the Court issuing an arrest warrant to endorse a direction on the warrant permitting the person arrested to be released from custody after furnishing the security specified by the Court. The provision operated only when the Court chose to make such an endorsement.
Section 71(1): The Court may direct by endorsement that, if the person executes a bond with sufficient sureties for attendance before the Court at a specified time and thereafter until otherwise directed, the officer executing the warrant shall take the security and release that person from custody.
Section 71(2): The endorsement must state the number of sureties, the amount in which the sureties and the person are respectively bound, and the time at which the person must attend before the Court.
Section 71(3): When security is taken, the officer to whom the warrant is directed must forward the bond to the Court.
What must the endorsement contain?
The endorsement is important because the executing officer cannot decide the terms independently. The Court specifies the number of sureties, the amount of the bonds and the required time of appearance. Once the stated security is furnished, the officer acts according to the Court's endorsement and forwards the bond to the Court.
Section 72 CrPC - Warrants to whom directed
Section 72(1): A warrant of arrest shall ordinarily be directed to one or more police officers. If immediate execution is necessary and no police officer is immediately available, the Court may direct the warrant to another person or persons, who shall execute it.
Section 72(2): Where a warrant is directed to more than one officer or person, it may be executed by all of them or by any one or more of them.
Ordinary rule and exception
The ordinary rule under Section 72 was that arrest warrants were directed to police officers. Direction to a person other than a police officer was an exception tied to the need for immediate execution and the immediate unavailability of a police officer.
Sections 70, 71 and 72 at a glance
| CrPC provision | Subject | Core rule | Current BNSS provision |
|---|---|---|---|
| Section 70 | Form and duration of warrant | Written, signed and sealed; continues until cancelled or executed. | Section 72 |
| Section 71 | Security endorsed on warrant | Court may prescribe security and sureties for release and appearance. | Section 73 |
| Section 72 | Person to whom warrant is directed | Ordinarily police; another person may be authorised where immediate execution is necessary and police are unavailable. | Section 74 |
Position after commencement of BNSS
For current law, Sections 72 to 74 of the Bharatiya Nagarik Suraksha Sanhita, 2023 substantially carry forward these warrant provisions. A notable wording change in BNSS Section 73 is the use of the expression "bail bond" in place of "bond" in the corresponding part of former CrPC Section 71. This page is retained as a CrPC reference for the law before BNSS implementation and for matters in which the former Code continues to be relevant.
This article is a general legal reference and should be read with the applicable statutory text, amendments, judicial orders and transitional provisions relevant to the particular proceeding.