Procedure on arrest of person against whom warrant issued
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Summary
If a warrant is executed outside the district where it was issued, the arrested person must be produced before the issuing court unless that court is within 30 kilometres of the arrest, is nearer than the local Executive Magistrate, District Superintendent or Commissioner, or security has been taken. If an exception applies, the person is produced before the local Magistrate or the District Superintendent or Commissioner. The police must also promptly inform the designated officer in the issuing district and the officer in the arrested person’s home district about the arrest and where the person is being held.
Example
Rohan is arrested in District B under a warrant issued by a court in District A. Because the warrant was executed outside its issuing district, Rohan must be taken to the issuing court unless that court is within 30 km or is nearer than the local Executive Magistrate, District Superintendent or Commissioner, or security has been taken. The arresting officer also immediately informs the designated officer in District A and the officer in Rohan’s home district where Rohan is being held.
Bare Act
Enacted text(1) When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the Court which issued the warrant is within thirty kilometres of the place of arrest or is nearer than the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 73, be taken before such Magistrate or District Superintendent or Commissioner.
(2) On the arrest of any person referred to in sub-section (1), the police officer shall forthwith give the information regarding such arrest and the place where the arrested person is being held to the designated police officer in the district and to such officer of another district where the arrested person normally resides.
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