(1) Every warrant of arrest issued by a Court under this Sanhita shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court. (2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.
Bharatiya Nagarik Suraksha Sanhita
Section 72
Form of warrant of arrest and duration
Englishहिंदी
⚡ Quick Answer Reference: Section 72 BNSS
- Provision: Section 72 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL APPEARANCE
- Jurisdiction: India
- Summary: A warrant of arrest issued by a court must be in writing, signed by the presiding officer, and have the court's seal. It remains valid until it's cancelled by the court or executed.
Statutory Content
What does Section 72 of BNSS say?
Indian StandardSection 72, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 72 (India)
Court Pleading StandardSection 72 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/72
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 72 of BNSS mean?
Plain English Explanation
A warrant of arrest issued by a court must be in writing, signed by the presiding officer, and have the court's seal. It remains valid until it's cancelled by the court or executed.
Practical Interpretation
In practice, this means that a warrant of arrest must be formally issued by a court, with the necessary signatures and seal, and it will remain in effect until it's either cancelled or the arrest is carried out.
Core Legal Purpose
The core purpose of this section is to ensure that warrants of arrest are issued in a formal and transparent manner, with clear accountability and oversight by the court.
Key Legal Elements
- •The warrant of arrest must be in writing.
- •The warrant must be signed by the presiding officer of the court.
- •The warrant must bear the seal of the court.
- •The warrant remains in force until it's cancelled by the court or executed.
Practical Example
Practical Example of Section 72 BNSS
Rajesh, a police officer, needs to arrest Priya for a minor offence. He obtains a warrant of arrest from the local court, which is signed by the presiding officer and bears the court's seal. The warrant remains valid until it's cancelled by the court or executed by Rajesh. In this scenario, the warrant of arrest is issued in accordance with Section 72 of BNSS.
Common Questions (FAQ)
Frequently Asked Questions about Section 72 BNSS
Q: What is the punishment or consequence under Section 72 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to the court and the presiding officer, who are public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to the classification of offences as bailable or cognizable.
People Also Ask (PAA)
Common Questions about Section 72 BNSS
What is Section 72 of BNSS?
Section 72 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Form of warrant of arrest and duration". In plain terms: A warrant of arrest issued by a court must be in writing, signed by the presiding officer, and have the court's seal. It remains valid until it's cancelled by the court or executed.
What is the punishment under Section 72 of BNSS?
Section 72 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 72 of BNSS bailable or non-bailable?
Whether Section 72 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 72 of BNSS?
The essential elements of Section 72 of BNSS are: The warrant of arrest must be in writing.; The warrant must be signed by the presiding officer of the court.; The warrant must bear the seal of the court..
Landmark Case Laws
Landmark Judgments under Section 72 BNSS
Patnahcucisdb94 High Court (10 8)
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