Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court. Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.
Code of Criminal Procedure, 1973
Section 70
Form of warrant of arrest and duration
Englishहिंदी
🔄 CrPC equivalent: BNS Sec. 77⚖️ Bail Procedure Guide🔨 Punishment & Liability Guide🔍 Compare Old vs New
⚡ Quick Answer Reference: Section 70 CrPC
- Provision: Section 70 of CrPC
- Act: Code of Criminal Procedure, 1973
- Classification: criminal procedure
- Jurisdiction: India
- Summary: This section explains that a warrant of arrest issued by a court must be in writing, signed by the presiding officer, and have the court's seal. It also states that the warrant remains valid until it is cancelled by the court or executed.
Statutory Content
What does Section 70 of CrPC say?
Indian StandardSection 70, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 70 (India)
Court Pleading StandardSection 70 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/70
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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 70 of CrPC mean?
Plain English Explanation
This section explains that a warrant of arrest issued by a court must be in writing, signed by the presiding officer, and have the court's seal. It also states that the warrant remains valid until it is cancelled by the court or executed.
Practical Interpretation
In practical terms, this section ensures that warrants of arrest are issued and executed in a formal and transparent manner, with clear accountability to the court that issued it.
Core Legal Purpose
The core purpose of this section is to establish the formal requirements for warrants of arrest and to ensure that they are valid until they are cancelled or executed, thereby protecting the rights of individuals and promoting the rule of law.
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 valid until it is cancelled by the court or executed.
Practical Example
Practical Example of Section 70 CrPC
Rajesh, a police officer, is investigating a case of theft. He obtains a warrant of arrest from the court, which is in writing, signed by the presiding officer, and bears the court's seal. The warrant remains valid until it is cancelled by the court or executed. If Rajesh executes the warrant and arrests the suspect, the warrant is no longer valid.
Common Questions (FAQ)
Frequently Asked Questions about Section 70 CrPC
Q: What is the punishment or consequence under Section 70 of CrPC?
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 courts and law enforcement agencies, which 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 70 CrPC
What is Section 70 of CrPC?
Section 70 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Form of warrant of arrest and duration". In plain terms: This section explains that a warrant of arrest issued by a court must be in writing, signed by the presiding officer, and have the court's seal. It also states that the warrant remains valid until it is cancelled by the court or executed.
What is the punishment under Section 70 of CrPC?
Section 70 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 70 of CrPC bailable or non-bailable?
Section 70 of CrPC is generally a Non-Bailable offence under Indian criminal procedure.
What are the elements of Section 70 of CrPC?
The essential elements of Section 70 of CrPC 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..
What replaced Section 70 of IPC in BNS?
Section 70 of the Indian Penal Code (IPC) was replaced by Section 77 of the Bharatiya Nyaya Sanhita (BNS) 2023. There was no material change in the provision.
Law Transition Mapping
Replaced by New Law
This SectionSection 70Code of Criminal Procedure (CrPC)
→New LawSection 77Bharatiya Nagarik Suraksha Sanhita (BNSS)
✓ No material change in the provision.
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