Source: Supreme Court

Why in News?

Recently the Supreme Court has held that non-bailable warrants should not be issued, unless the accused is charged with a heinous crime, and is likely to evade the process of law or tamper or destroy the evidence.

• The aforesaid observation was made in the matter of Sharif Ahmed & Anr. v. State Of Uttar Pradesh & Ors.

What was the Background of Sharif Ahmed & Anr. v. State Of Uttar Pradesh & Ors. Case?

• In this case, the non-bailable warrant was issued against the appellants by the trial court after the appellants didn't show his appearance before the court despite the issuance of a bailable warrant.
• The chargesheet was filed against the appellant for the offences punishable under the provisions of the Indian Penal Code, 1860 (IPC).
• The appellants approached the Allahabad High Court seeking the quashing of the chargesheet and of proceedings.
• The Allahabad High Court dismissed the application for quashing of the chargesheet.
• Thereafter, the appellants filed the present appeal before the Supreme Court.
• Allowing the appeal, the Supreme Court quashed the criminal proceedings.

What were the Court’s Observations?

• The bench comprising Justices Sanjiv Khanna and SVN Bhatti observed that while there are no comprehensive set of guidelines for the issuance of non-bailable warrants, this Court has observed on several occasions that non-bailable warrants should not be issued, unless the accused is charged with a heinous crime, and is likely to evade the process of law or tamper or destroy evidence.
• It was further held that it is a settled position of law that non-bailable warrants cannot be issued in a routine manner and that the liberty of an individual cannot be curtailed unless necessitated by the larger interest of the public and the State.

What are the Provisions Relating to Warrant?

About:

• A warrant is a written instrument issued by the Judge or Magistrate on behalf of the state which authorizes the arrest and detention of an individual or the search and seizure of an individual's property.
• A warrant of arrest remains in force until it is executed or cancelled by the court which issued it.

Objectives:

• The primary reason for issuing warrants is to ensure the proper administration of justice.
• A warrant may be issued as a precautionary measure, compelling the accused to appear in court.

Essential Elements:

• As per Section 70 of the Criminal Procedure Code, 1973 (CrPC), the following are the essentials of warrant of arrest:
  • The warrant of arrest must be in writing.
  • It must be signed by the Magistrate.
  • It must bear the seal of the court.
  • Bear the name and designation of the executant of such warrant.
  • Indicate the clear name and address of the accused.
  • State the offence with which the accused is charged.
  • Indicate date of issue.
  • Indicate the date of appearance.
  • May be executed at any place in India.

Bailable Warrant:

• When the warrant for arrest may include a direction that if the person arrested under the warrant executes a bond and gives security for his attendance in court, he shall be released.
• A warrant with such direction is generally called a bailable warrant of arrest.
• This warrant allows the accused to post bail and be released from custody until the trial.

Non-Bailable Warrant:

• A non-bailable warrant is a type of arrest warrant issued by a court when a person is accused of a serious offence, and the court believes there is a significant risk that the individual may flee or not cooperate with the legal proceedings if released on bail.
• A non-bailable warrant does not permit the accused to be released on bail. Instead, they are arrested and held in custody until their court appearance or until further orders from the court.
• The decision to issue a non-bailable warrant is made by the judge based on the nature of the offense, the severity of the charges, the likelihood of the accused fleeing, and other relevant factors.

Execution of Warrant:

• According to Section 72 of CrPC, a warrant may be directed to the police officer or any person.
• According to Section 74 of the CrPC, a warrant directed to any police officer can also be executed by any other police officer whose name is endorsed upon by the police officer directed.
• According to Section 78 of CrPC, a warrant of arrest to be executed outside the local jurisdiction of the Court may be directed by the Court to be executed by the police officer or send the warrant to any Executive Magistrate or District Superintendent of Police or Commissioner of Police within whose jurisdiction it is to be executed. The receiver of the warrant shall endorse his name on the warrant and execute it according to the provision of the Code.
• As per Section 80 of CrPC, if an accused is outside the jurisdiction of the Court issuing the warrant he shall be produced before the Court, if it is within thirty kilometers from the place of arrest and the accused fails to obtain bail.

Procedure for Execution of Warrant:

• The terms of the warrant are to be executed between 6 a.m. to 10 p.m. of the day, and, if the said warrant is executed outside the given time, then the time period is extended by a judge and the police officer must inform the appropriate authority.
• As per Section 75 of CrPC, the police officer or another person who is executing a warrant shall inform the person being arrested of the contents of the warrant.
• As per Section 76 of the CrPC, the person arrested on warrant shall be produced in the Court without any delay, i.e., within 24 hours as prescribed by the code. The stipulated time period of 24 hours does not include the time necessary for the journey from the place of arrest to the Magistrate’s Court.

Case Law:

• In the case of State of Bihar v. J.A.C. Saldanha (1980), the Supreme Court held that a non-bailable warrant should not be issued without proper consideration of the circumstances, and there should be valid reasons for believing that the accused might flee or tamper with evidence.