Warrant of Arrest

About Warrant of Arrest:

• This is a written order issued by a judge or magistrate, supported by a sworn affidavit, authorizing the arrest and custody of a person accused of committing a specific offense.
• A police officer who executes the warrant shall notify the substance thereof to the person to be arrested and if he demands, shall show him the warrant.
• The officer is also obligated to promptly bring the arrested individual before the court without unnecessary delays.
• Valid Warrant:
  • A warrant of arrest should be
    • in writing
    • signed by the presiding officer of the Court and
    • should bear the seal of the Court.
  • It should also contain the name of the accused, his address, the offence with which he is charged.
  • If any of these factors is absent, the warrant is not in order, and an arrest made in execution of such a warrant is illegal.
• Warrants are of two kinds: Bailable and Non-Bailable.
  • A bailable warrant is a Court's order which contains a direction that if the person arrested executes a bail with sufficient sureties for his attendance before the Court, he may be released from custody.
  • In that case it shall further state the number of sureties, the amount of the bond and the time for attending the Court.
  • In case of a non-bailable warrant, the direction for bail will not be endorsed on the warrant.
• Arrest Without Warrant:
  • A police officer is empowered to arrest a person without a warrant if there is reasonable suspicion of their involvement in a cognizable offense.
  • However, in cases of non-cognizable offenses, a police officer cannot effect an arrest without a warrant issued by a magistrate.
  • Cognizable offenses include serious crimes such as murder, rape, robbery, theft, and offenses against the state.
• There are several other situations in which a person can be arrested without a warrant:
  • Probable Cause: If a law enforcement officer has probable cause to believe that a crime has been committed and that the person to be arrested committed it, they can make an arrest without a warrant.
  • In the Act of Committing a Crime: If an officer witnesses someone committing a crime, they can make an arrest without a warrant.
  • Fleeing a Crime Scene: If a person is fleeing from a crime scene and the officer has probable cause to believe they committed the crime, they can be arrested without a warrant.
  • Escaping from Custody: If a person has escaped or is attempting to escape from lawful custody, they can be arrested without a warrant.
  • Violation of Probation or Parole: If a person is on probation or parole and violates the terms of their release, they can be arrested without a warrant.
  • Court Order or Summons Violation: If a person fails to comply with a court order or a summons, they can be arrested without a warrant.
  • Threat to Public Safety: If there is an immediate threat to public safety or if delaying the arrest to obtain a warrant would result in the destruction of evidence or the escape of the suspect, an arrest without a warrant may be justified.