Procedure of arrest of person against whom warrant issued
AI Assist
Summary
When a warrant is executed outside the district that issued it, the arrested person must be produced before the Magistrate, District Superintendent of Police or Commissioner of Police of the area where the arrest happened. Exceptions: if the issuing court is within thirty kilometres or nearer than those local officers, or if security is taken under section 71. In those exceptions the person may be sent to the issuing court.
Example
Ravi is arrested in District B on a warrant issued by a court in District A, which is 50 km away. Because the issuing court is not within 30 kilometres and is farther than the local Magistrate or District Superintendent of Police, Ravi must be taken before the local Magistrate or District Superintendent. If security had been taken under section 71, he could have been sent to the issuing court instead.
Bare Act
Enacted textWhen 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 71, be taken before such Magistrate or District Superintendent or Commissioner.
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