Code of Criminal Procedure, 1973

B. Warrant of arrest

Form of warrant of arrest and duration.

70. (1) 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.

(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.

COMMENTS

Warrant not specifying age of person to be detained is not a valid one - Every Magistrate or trial Judge authorised to issue warrants for detention of prisoners should ensure that every warrant authorising detention specifies the age of the person to be detained. Judicial mind must be applied in cases where there is doubt about the age - not necessarily by a trial - and every warrant must specify the age of the person to be detained. The authorities in the jails throughout India should not accept any warrant of detention as a valid one unless the age of the detenu is shown therein. It shall be open to the jail authorities to refuse to honour a warrant if the age of the person remanded to jail custody is not indicated. It would be lawful for such officers to refer back the warrant to the issuing Court for rectifying the defect before it is honoured-Sanjay Suri v. Delhi Administration AIR 1988 SC 414.