CrPC Section 413: Execution of Orders under Section 368 – Detailed Guide

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CrPC Section 413: Execution of Orders under Section 368 – Detailed Guide

1. The Code

Section 413 of the Code of Criminal Procedure (CrPC) deals with the execution of orders issued under Section 368.

2. Explanation

Section 368 of the CrPC allows for the issuance of warrants for the arrest of a person who fails to comply with an order to give security for keeping the peace or for good behavior.

Section 413 dictates the procedure for executing these warrants. It states that:

  • The warrant issued under Section 368 can be executed by any police officer.
  • The officer must execute the warrant by arresting the person named in the warrant and bringing them before the Magistrate who issued the warrant.
  • The Magistrate will then proceed to deal with the person according to law.

3. Illustration

Suppose a person is known to be involved in frequent quarrels and fights. The Magistrate, after an inquiry, issues an order under Section 368, requiring the person to provide security for keeping the peace. If the person fails to provide the security, the Magistrate issues a warrant for their arrest under Section 368.

This warrant will be executed by a police officer, who will arrest the person and bring them before the Magistrate. The Magistrate will then decide what further action needs to be taken, which may include:

  • Imposing a fine
  • Sending the person to jail
  • Requiring the person to provide security again

4. Common Questions and Answers

Q1: Who can execute a warrant issued under Section 368?

A1: Any police officer can execute the warrant.

Also Read  CrPC Section 447: Procedure for Insolvency, Death of Surety, or Bond Forfeiture

Q2: What happens if the person named in the warrant is not found?

A2: The police officer must report the failure to execute the warrant to the Magistrate who issued it.

Q3: What happens if the person named in the warrant refuses to be arrested?

A3: The police officer can use reasonable force to arrest the person, but only if it is necessary to execute the warrant.

Q4: Can the person named in the warrant be released on bail?

A4: It depends on the discretion of the Magistrate. The Magistrate can release the person on bail if they are satisfied that the person will not commit any further offenses.

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