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In which conditions can police arrest with a warrant?

In which conditions can police arrest with a warrant?

An arrest warrant may be issued by a magistrate after taking cognizance of any offence, whether cognizable or non-cognizable.(section 87, 204). If the case in which the cognizance has been taken is a summons case (i.e. offence punishable with upto 2 years imprisonment), a summons shall be issued to the accused person in the first instance for his attendance in court.

If the case is a warrant case (i.e. offence punishable with more than 2 years imprisonment), a warrant for the arrest of the accused person may normally be issued for causing the accused to be brought before the court. In practice, however, there is no occasion for the magistrate to issue arrest warrant after taking cognizance of a cognizable offence on a police report because the police report is submitted to the magistrate after the police had completed the investigation and during the investigation the police has the power to arrest without warrant a person involved in the commission of a cognizable offence (section 41).

The arrest warrant can be executed anywhere in India (Section 77).The police officer arresting a person under an arrest warrant is under a duty to show him the arrest warrant, if so required by him (Section 75).


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