KNOW YOUR RIGHTS - WARRANT
WARRANT OF ARREST
A warrant is a legal document issued by a court to authorize a police officer to arrest an individual or search their property for specific items. When executing the warrant, the police officer must inform the person being arrested of the warrant's content and, if requested, show them the warrant. The officer is also obligated to promptly bring the arrested individual before the court without unnecessary delays.
VALID WARRANT
A Warrant of Arrest Should Be :
- In Writing
- Signed By The Presiding Officer Of The Court And
- Should Bear The Seal Of The Court. It Should Also Contain The Name Of The Accused, His Address And Indicate The Offence With Which He Is Charged. If Any Of These Factors Is Absent, The Warrant Is Not In Order And An Arrest Made In Execution Of Such A Warrant Is Illegal.
Warrants are of Two Kinds :
- Bailable Warrant : A Bailable Warrant Is A Court's Order Which Contains A Direction That If The Person Arrested Executes A Bail With Sufficient Sureties For His Attendance Before The Court, He May Be Released From Custody. In That Case It Shall Further State The Number Of Sureties, The Amount Of The Bond, And The Time For Attending The Court. (Section 71 Cr.P.C.)
- Non-Bailable Warrant : In Case Of A Non-Bailable Warrant The Direction For Bail Will Not Be Endorsed On The Warrant.
ARREST WITHOUT WARRANT
A police officer is empowered to arrest a person without a warrant if there is reasonable suspicion of their involvement in a cognizable offense. However, in cases of non-cognizable offenses, a police officer cannot effect an arrest without a warrant issued by a magistrate. The Criminal Procedure Code (Cr.P.C.) contains a classification of offenses into cognizable and non-cognizable categories within its First Schedule. Cognizable offenses include serious crimes such as murder, rape, robbery, theft, and offenses against the state.
WHEN CAN A PERSON BE ARRESTED WITHOUT A WARRANT?
There are several situations in which a person can be arrested without a warrant:
- Probable Cause: If a law enforcement officer has probable cause to believe that a crime has been committed and that the person to be arrested committed it, they can make an arrest without a warrant.
- In the Act of Committing a Crime: If an officer witnesses someone committing a crime, they can make an arrest without a warrant.
- Fleeing a Crime Scene: If a person is fleeing from a crime scene and the officer has probable cause to believe they committed the crime, they can be arrested without a warrant.
- Escaping from Custody: If a person has escaped or is attempting to escape from lawful custody, they can be arrested without a warrant.
- Violation of Probation or Parole: If a person is on probation or parole and violates the terms of their release, they can be arrested without a warrant.
- Court Order or Summons Violation: If a person fails to comply with a court order or a summons, they can be arrested without a warrant.
- Threat to Public Safety: If there is an immediate threat to public safety or if delaying the arrest to obtain a warrant would result in the destruction of evidence or the escape of the suspect, an arrest without a warrant may be justified.
SEARCH WARRANT
- A search warrant is indeed issued by a magistrate for various purposes as you've outlined:
- Recovery of Documents or Items: A search warrant allows for the recovery of a document or thing that may not be produced in court otherwise.
- Search of Suspected Premises: It permits the search of a house or premises suspected to contain stolen property, forged documents, or other illegal items.
- Seizure of Banned Publications: It authorizes the seizure of any publication banned by the government, such as prohibited literature or materials.
- Discovery of Wrongfully Confined Persons: It facilitates the discovery of a person who is wrongfully confined or held against their will.
When a search warrant is issued, it grants police officers the power to conduct the search and seize any objectionable article, referred to as "Mudammal." However, there are specific guidelines and procedures that must be followed:
- Legal Entry: Police officers must demand entry and be unreasonably refused before they can use force to effect a legal entry into the premises specified in the search warrant.
- Search of Persons: The police officer executing the warrant may search any person in or around the specified place if there is reasonable suspicion that they are concealing an article for which the search is made.
- Search of Females: If the person to be searched is female, the search must be conducted by another woman with the utmost decency and respect for privacy.
These procedures are in place to ensure that searches conducted under a search warrant are lawful, respectful of individual rights, and conducted with the necessary legal authority.