The court that has issued a warrant in a man's name can utilise its watchfulness to request his discharge from authority. For this, the said individual must sign a bond with adequate surety and guarantee to be available in the witness of the court as indicated unless coordinated generally by the said court . When we talk of surety according to criminal law in India, it alludes to the measure of cash that is guaranteed to the court, by the captured individual's relatives, companions or colleagues and this sum will be paid by that individual if the charged neglects to show up in court. You can talk to the best family lawyers in India to know more.
To make it more straightforward, in the event that you remain as surety for some person who is captured, on the off chance that that individual is slipping off or flees to somewhere else or nation, the police authorities and the legal framework will catch up with you to guarantee that you are at risk to pay the sum as concurred for in light of the fact that you have remained as surety for the blamed.
Bharosa Ramdayal vs Emperor, 1941 , if a person makes a statement to the police accusing himself of committing an offence, he would be considered to have submitted to the custody of the police officer. Similarly, if the accused proceeds towards the police station as directed by the police officer, he has submitted to the custody. In such cases, physical contact is not required.
Birendra Kumar Rai vs Union of India, 1992 , it was held that arrest need not be by handcuffing the person, and it can also be complete by spoken words if the person submits to custody.
Kultej Singh vs Circle Inspector of Police, 1992 , it was held that keeping a person in the police station or confining the movement of the person in the precincts of the police station amounts to arrest of the person
Warrant of Arrest
A warrant of arrest is a written authority given by a competent magistrate for the arrest of a person. It is a more drastic step than the issue of a summons. It is addressed to a person, usually a police officer, to apprehend and produce the offender in front of the court.
Essential Elements of a valid warrant -
- The warrant must clearly mention the name and other particulars of the person to be arrested. As per Section 70(1), every warrant of arrest shall be in writing. It must be signed by the presiding officer of the court and must bear the seal of the court. As per section 70(2), a warrant remains in force until it is cancelled or is executed. Normally, Form 2 of the Second schedule is used to write a warrant.
- It must show the person to whom the authority to arrest has been given. As per Section 72, a warrant is normally directed to one or more police officers but, if necessary, the court may direct it to any other person or persons. Further, Section 73 provides that a magistrate may direct a warrant to any person within his 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.
- It may include a direction that if the person arrested under the warrant executes a bond and gives security for his attendance in court, he shall be released. Warrant with such a direction is called as a bailable warrant of arrest.
- It must clearly specify the offence.
Can The Police Make Arrest Without The Warrant
Yes. If a person has committed or is suspected of being involved in an offence that is classified as a cognizable crime and police investigation of the case leads them to believe that the suspect is guilty, then the police can arrest that person without waiting for a magistrate to issue a warrant. The police must always give a proper reason that is preferably backed up by some sort of evidence when arresting a person. If someone is caught in the act of committing a crime then the police can arrest them immediately and without a warrant as well. You can consult the best criminal defence lawyers in India to know more.
Keep in mind that just being named in an FIR is not reason enough for the police to arrest you. The lack of this knowledge by the general public is often misused.
If someone is named in an FIR the police must conduct preliminary investigations and collect some real evidence against the person before arresting them. A person can hire top criminal lawyers in India if proper procedure is not followed during the arrest.
PROTECTION TO FEMALES
The General rule is that females are not be arrested without the presence of a lady constable and no female be arrested after sunset but there are exceptions in some cases, where crime is very serious and arrest is important then the arrest can be made with special orders and it depends on facts and circumstances of each case. Separate lockups to be provided for them. State of Maharashtra Vs Christian Community Welfare Council of India.
CONSEQUENCES OF NON-COMPLIANCE WITH THE PROVISIONS RELATING TO ARREST
In general, non-compliance does not void a trial. Just because any provision relating to arrest was not complied with does not affect the liability of accused. However, the violation will be material in case the accused is prosecuted on the charge of resistance to or escape from lawful custody.
Further, everybody has a right to defend himself against unlawful arrest and a person can exercise this right under Section 96 to 106 of IPC and he will not be liable for any injury caused due to it. Also, a person who is making an illegal arrest is guilty of wrongful confinement and also exposes himself to damages in a civil suit.
If a person who has an authority to arrest, arrests a person with full knowledge that the arrest is illegal, he will be liable to be prosecuted under Section 220 of IPC . Similarly, any private person who does not have an authority to arrest, arrests a person with full knowledge that the arrest is illegal, can be prosecuted under Section 342 of IPC for wrongful confinement.A person making illegal arrest also exposes himself to civil suit for damages for false imprisonment.
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