Chapter VI
Section 73 CrPC: Warrant may be directed to any person
New Law Update (2024)
Section 83 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest.
(2) Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued, is in, or enters on, any land or other property under his charge.
(3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 71.
Important Sub-Sections Explained
Section 73(1)
This sub-section empowers a Chief Judicial Magistrate or a first-class Magistrate to issue a warrant to any private person within their jurisdiction for the arrest of an escaped convict, a proclaimed offender, or someone accused of a non-bailable offence who is actively evading arrest. It defines the specific circumstances and individuals for whom such an extraordinary power can be exercised, ensuring it is not used indiscriminately.
Section 73(3)
This sub-section outlines the crucial procedure to be followed after an arrest is made under such a warrant. It mandates that the arrested person, along with the warrant, must be immediately handed over to the nearest police officer, who then ensures the person is presented before a Magistrate with jurisdiction, unless security for appearance is taken as per Section 71. This safeguards the rights of the arrested individual and ensures due process.
Landmark Judgements
P.N. Krishna Murthy v. K. Jaganmohan Rao, 2005 (1) ALD (CRL) 400 (Andhra Pradesh High Court):
This judgment clarified that the power under Section 73 CrPC is not a general one to issue warrants to private persons for any accused. It emphasized that such a warrant can only be issued for an escaped convict, a proclaimed offender, or a person accused of a non-bailable offence who is specifically evading arrest. The court held that the Magistrate must satisfy himself that these specific conditions are met before directing a warrant to a private individual.
Smt. Archana Rani and Others v. State of U.P. and Others, 2018 (1) ACC 143 (Allahabad High Court):
The Allahabad High Court reiterated the strict interpretation of Section 73 CrPC, holding that a Magistrate cannot issue a warrant to a private person merely because the police have failed to trace or arrest an accused. The power is conditional upon the accused being an escaped convict, a proclaimed offender, or a person accused of a non-bailable offence who is actively evading arrest. The court underscored that the purpose of this section is to aid the administration of justice in specific, difficult circumstances, not to circumvent normal police procedures.