Section 75: Warrant may be directed to any person
Section 75 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power of judicial magistrates to grant arrest warrants, along with the liabilities involved in executing them.
As per the provision of this section Chief Judicial Magistrate or any Magistrate of the first class shall have the authority to issue an arrest warrant to any person within his local jurisdiction. This authority is granted for the arrest of:
-Escaped convicts who have evaded lawful custody.
-Proclaimed offenders who have been publicly declared as fugitives.
-Persons charged with non-bailable offenses and are on the run .
The person against whom the warrant is issued shall, on receipt of a copy of such warrant, acknowledge in writing receipt thereof. This acknowledgment shall form part of the record of
issuance of the warrant.
The person who was to serve the warrant shall arrest the person named in the warrant, if such person shall be found on land or tenements of which he shall be seized or possessed.
Once the person listed in the arrest warrant is arrested, they must be given over, with the warrant, to the nearest policeman.
The arresting officer shall produce the arrested person before the Magistrate who has jurisdiction over the case, or otherwise an agreement for security having been made under Section 73 to provide for bail or discharge .
Important points:
-Section 75 gives a clear and structured legal framework in relation to the issuance of arrest warrants on serious criminal offenses. This will make the arrest process clear, responsible, and legal in standards to enhance the accountability of law enforcement authorities.
-The provisions of the section, requiring written acknowledgment of the warrant and a defined procedure for its execution, play a crucial role in protecting the rights of both the accused and the individuals entrusted with the responsibility of executing the warrant. This serves to curb the potential misuse or wrongful arrest of an individual.
-With judicial magistrates involved in issuing and overseeing the execution of an arrest warrant, there is proper judicial oversight for the process, which is fundamental to maintaining the integrity of the criminal justice system and preventing unlawful or arbitrary detention.
