Section 73 CrPC: Warrant Directed to Any Person – Code of Criminal Procedure

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Section 73 CrPC: Warrant Directed to Any Person

This section of the Code of Criminal Procedure (CrPC) deals with the issuance of warrants to any person for the purpose of bringing them before a Magistrate.

1. The Code:

Section 73 CrPC:

When a Magistrate has reason to believe that any person is within his local jurisdiction, he may issue a warrant to any person to bring such person before him.

2. 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.

3. 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.

4. 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.

Also Read  Section 260 CrPC: Summary Trial Power in India's Code of Criminal Procedure

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.

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