Section 72 CrPC: Warrants – Who They’re Directed To

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Section 72 CrPC: Warrants – Who They’re Directed To

This section outlines who warrants issued by a Magistrate or Court are directed to.

1. The Code

Section 72 CrPC states:

“When any warrant is issued for the apprehension of any person, it shall be directed to the officer or officers to whom it is addressed, and shall require such officer or officers to apprehend the person named in the warrant and bring him before the Magistrate or Court issuing the warrant.”

2. Explanation

– This section clearly defines the recipient of a warrant for apprehension.
– The warrant must explicitly name the officer(s) it is addressed to.
– These officers are then obligated to apprehend the person mentioned in the warrant.
– The apprehended individual is then brought before the Magistrate or Court that issued the warrant.

3. Illustration

– If a Magistrate issues a warrant for the arrest of Mr. X, it will be directed to a specific police officer or officers.
– The warrant will instruct those officers to arrest Mr. X and bring him before the issuing Magistrate.

4. Common Questions and Answers

Q: Can a warrant be directed to a private individual?
A: No. Warrants for apprehension are solely directed to police officers or other designated law enforcement officials.

Q: What happens if the named officer is unavailable?
A: If the officer named in the warrant is unavailable, a higher ranking officer can execute the warrant.

Q: Can a warrant be issued for a specific crime?
A: Yes. Warrants for apprehension can be issued for specific offences or crimes.

Also Read  Section 433A CrPC: Restriction on Remission or Commutation Powers in Specific Cases
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