Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 75: Warrant may be directed to any person.
1. The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender, or of any person who is accused of a non-bailable offence and is evading arrest.
2. Such person shall acknowledge in writing the receipt of the warrant and shall execute it if the person for whose arrest it was issued is in, or enters on, any land or other property under his charge.
3. When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 73.
Brefe Detail
The Bharatiya Nagarik Suraksha Sanhita, 2023, Section 75 outlines the authority of the Chief Judicial Magistrate or first-class Magistrate to issue warrants for the arrest of individuals, including escaped convicts and those accused of non-bailable offences. The section also details the responsibilities of the individual receiving the warrant and the procedure following the arrest.
Question & Answers
Q1: Who can issue a warrant according to Section 75?
A1: The Chief Judicial Magistrate or a Magistrate of the first class can issue a warrant.
Q2: For what reasons can a warrant be issued?
A2: A warrant can be issued for the arrest of escaped convicts, proclaimed offenders, or individuals accused of non-bailable offences who are evading arrest.
Q3: What must the person receiving the warrant do?
A3: The person receiving the warrant must acknowledge its receipt in writing and execute it if the individual for whose arrest it was issued is present on their property.
Q4: What happens after the arrest of the individual?
A4: The arrested individual must be handed over with the warrant to the nearest police officer, who will then take them before a Magistrate unless security is taken under section 73.
Example
- A Chief Judicial Magistrate issues a warrant for the arrest of a person accused of a non-bailable offence. The warrant is directed to a local police officer who is responsible for executing it.
- If the individual named in the warrant enters a property managed by someone else, that person must acknowledge the warrant and ensure it is executed.
- After the arrest, the police officer takes the individual and the warrant to the nearest Magistrate for further proceedings.
Summary
Section 75 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers magistrates to issue arrest warrants for specific offenders. It establishes a clear process for the acknowledgment and execution of the warrant, detailing the responsibilities of both the individual receiving the warrant and the police in handling the arrested individual.
