Code
When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the Court which issued the warrant is within thirty kilometres of the place of arrest or is nearer than the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 71, be taken before such Magistrate or District Superintendent or Commissioner.
Explanation
Section 80 CrPC states that when a warrant for arrest is issued, the police officer executing the warrant must:
- Identify himself as a police officer.
- Show the warrant to the person to be arrested.
- Inform the person of the grounds for arrest.
- Allow the person to be arrested to be represented by a lawyer.
- Permit the person to be arrested to communicate with their family or friends.
The officer must also ensure that the person arrested is brought before the Magistrate without unnecessary delay.
Illustration
Imagine a situation where a warrant for arrest has been issued for a person named John Doe for theft. When the police officer arrives at John Doe’s residence to execute the warrant, the officer must:
- Identify himself as a police officer.
- Show the warrant to John Doe.
- Inform John Doe that he is being arrested for theft.
- Allow John Doe to speak with a lawyer.
- Permit John Doe to contact his family or friends.
The officer must then promptly bring John Doe before the Magistrate.
Common Questions and Answers
Q: Can a person be arrested without a warrant?
A: Yes, there are certain circumstances where arrest without a warrant is permitted under the CrPC. These include cases of cognizable offenses, where the police officer has reasonable grounds to believe that the person has committed the offense.
Q: What happens if the police officer fails to follow the procedure outlined in Section 80 CrPC?
A: If the police officer fails to follow the prescribed procedure, the arrest may be considered illegal, and the person arrested can challenge it in court.
Q: Can a person refuse to be arrested?
A: No, a person cannot refuse to be arrested if a valid warrant has been issued against them. However, they are entitled to the rights outlined in Section 80 CrPC.
