The warrant must state the name and the designation of the individual who is to execute the order. The warrant must give the full name and the description of the person who is to be arrested. The warrant must state the offence charged on the individual. The presiding officer must sign the warrant of arrest.

The criteria that differ a summons case from a warrant case is determined by the duration of punishment in any offence.
Trial of Warrant cases is conducted by :
i) “Trial before a Court of Sessions”
ii) “Trial by a Magistrate”

Warrant case means a case relating to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years. They are usually the cognizable offences which are serious or grievous in nature and in which the police arrests without warrant. Warrant cases deal with offences in a slower manner. The accused gets more than one opportunity to cross- examine the prosecution witnesses. The Magistrate empowered to convert a summons case into a warrant case under the Code. A warrant case cannot converted into a summons case. The charge cannot split up into its constituents for trial under a summons case.

The following are the requirements that are to checked off to issue a legal order of arrest.
1. The warrant of arrest must be in writing.
2. The warrant must state the name and the designation of the individual who is to execute the order.
3. The warrant must give the full name and the description of the person who is to be arrested.
4. The warrant must state the offence charged on the individual.
5. The presiding officer must sign the warrant of arrest.
6. The warrant of arrest must be sealed.

It gives greater opportunities for defense. Framing of a formal charge is necessary. In any case the issue of summons or warrant does not change the nature of the case, the warrant is issued in the summons case, and it does not make the case a warrant case. A warrant is issued with an objective of bringing accused to the court, who’ve not appeared to the court, even after he/she is summoned. Procedure of Warrant case is described under Chapter-19 of CrPC from Section 238 to section 250. It is mandatory to frame charges against accused. Its objective is to notify the person about the legal obligation to appear in the court. In this, authority is given to police officer to bring and produce the accused to the court. The warrant of arrest must be in writing. The warrant must state the name and the designation of the individual who is to execute the order. The warrant must give the full name and the description of the person who is to be arrested. The warrant must state the offence charged on the individual.

Section 70 of the Criminal Procedure Code states the aspects of a warrant of an arrest. Every warrant of arrest that is issued by a Court under this Section has to be in writing and signed by the presiding officer of the respective Court. The warrant should also bear the seal of the same Court that issued the warrant. A warrant of an arrest shall remain in force unless it is cancelled by the respective Court that published it in the first place, or until it is executed. Form No. 2 of the Second Schedule shows the form of a warrant of arrest.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge