Section 72: Form of warrant of arrest and duration
Section 72 of Bharatiya Nagarik Suraksha Sanhita, 2023 specifies all the formal needs for issuing a warrant of arrest and how long such warrants hold. It helps in the legal process to get an arrest warrant issued by not making the procedures opaque or outside the boundaries of law.
Every warrant of arrest issued by a court must be in writing. It is mandatory that it is signed by the presiding officer usually being the judge or magistrate in charge of the court and is imprinted with the official seal of the court. Formal documentation allows for the identification of the warrant as an official legal order enforceable by the police. The appearance of the signature and the seal implies that the court authorizes and affirms the process of arrest.
There is a warrant of arrest valid until one of two events is accomplished: that is, until it is either executed, in other words, until the person arrested is brought into custody, or
This one, like all others, is cancelled by the same court which issued it. The duration, therefore, cannot be indefinite, and the warrant dies with effect upon execution or cancellation. This provision would ensure that warrants were not left hanging on the end, as there would be a clear limit to the enforcement .
Important points:
-The fact that arrest warrants must be in writing, signed, and sealed ensures arrest makes under proper judicial authority. Arrests under appropriate judicial authority can reduce the likelihood that the law enforcement agencies misuse their powers and provide more accountability in the procedure of arrests.
-By stipulating the period for which a warrant is valid (till execution or cancellation), the section prevents arbitrary or indefinite detention of persons without proper judicial review. This aligns with the broader constitutional principle of safeguarding personal liberty and ensuring that arrests are made based on judicial orders rather than unchecked police discretion.
