warrant

A warrant of arrest must be in writing, signed by the presiding officer, bear the court's seal, name the person to be arrested and state the offence. It remains in force until cancelled or executed. The court may endorse it for release on bail (a bailable warrant). The rules are in Chapter VI of the Bharatiya Nagarik Suraksha Sanhita, 2023 (old ss.70 to 81 CrPC), which also deals with execution of a warrant outside the court's jurisdiction.

Courts usually issue a summons first and a warrant only where the accused does not appear, is likely to abscond, or where the case is serious; a non-bailable warrant should not be issued routinely. A search warrant is a separate order authorising search of a place for documents or things. In criminal trial classification, a “warrant case” means a case relating to an offence punishable with death, life imprisonment or imprisonment above two years, which is tried with a fuller procedure than a summons case.

Example

Because the accused failed to appear despite service of summons, the Magistrate issued a bailable warrant of arrest.

In Indian law

• Chapter VI, Bharatiya Nagarik Suraksha Sanhita, 2023 (old ss.70–81 CrPC)

See also

summons · non-bailable warrant · arrest · bail

Read more in the study notes

• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
• Central Vigilance Commission, parliamentary committees and commissions of inquiry (Administrative Law)
• Control of the RBI over non-banking companies, financial and non-financial (Banking Law)
• Negotiable instruments: meaning, characteristics, promissory note, bill of exchange and cheque (Banking Law)
• Definitions, classification of offences, and the courts, prosecution and police under the BNSS (Bharatiya Nagarik Suraksha Sanhita)
• Initiation of a criminal case: FIR, Zero FIR, preliminary enquiry, investigation and complaint (Bharatiya Nagarik Suraksha Sanhita)