Code:
(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 71.
Explanation:
- This section empowers a Magistrate to issue a warrant to any person, not necessarily a police officer, to bring another person before him.
- The Magistrate must have reason to believe that the person to be brought before him is within his local jurisdiction.
- The warrant can be issued for various reasons, including the need to investigate a crime, to ensure the appearance of a witness, or to execute an arrest.
Illustration:
Imagine a situation where a witness in a criminal case refuses to appear before the Magistrate despite being summoned. The Magistrate, having reason to believe that the witness is within his jurisdiction, can issue a warrant to a local resident or even a private security guard to bring the witness before him.
Common Questions and Answers:
Q: Who can issue a warrant under this section?
A: Only a Magistrate has the power to issue a warrant under Section 73 CrPC.
Q: Can a warrant be issued to bring someone before a different Magistrate?
A: No, the warrant must be issued to bring the person before the issuing Magistrate.
Q: What are the grounds for issuing a warrant under this section?
A: The Magistrate must have reason to believe that the person to be brought before him is within his local jurisdiction.
Q: Who can execute the warrant?
A: The warrant can be executed by any person to whom it is directed, not just by a police officer.
