Warrant
A warrant is a written order issued by a court or magistrate authorizing law enforcement to carry out a specific action, such as arresting a person, searching a premises, or seizing property.
What is a Warrant?
A **warrant** is a formal written authorization issued by a court or magistrate that empowers law enforcement authorities to perform a specific legal action. The most common types are **arrest warrants** (directing the police to arrest and produce a person before the court) and **search warrants** (authorizing the police to enter and search a particular premises and seize specified items).
In simple terms, a warrant is the court's written permission slip to the police. Without it, the police generally cannot enter your home to search it or arrest you for non-cognizable offences. The warrant system exists to prevent arbitrary action by the state and to ensure that intrusions into personal liberty and privacy are sanctioned by a judicial authority.
Legal Framework
Arrest Warrants — BNSS, 2023 (Earlier CrPC Sections 70-81)
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Code of Criminal Procedure, 1973 (CrPC). The provisions relating to warrants are carried forward with modifications.
- **Section 87 BNSS (earlier Section 70 CrPC):** Every warrant of arrest must be in writing, signed by the presiding officer of the court issuing it, and bear the court's seal. It remains in force until cancelled by the court or executed.
- **Section 88 BNSS (earlier Section 71 CrPC):** The court issuing a warrant may direct that the person arrested be released on bail. Such a warrant is called a **bailable warrant**, endorsed with the bail amount.
- **Section 89 BNSS (earlier Section 72 CrPC):** A warrant of arrest may be directed to one or more police officers, and any police officer may execute a warrant directed to them anywhere within the State.
- **Section 90 BNSS (earlier Section 73 CrPC):** The Chief Judicial Magistrate or a Sessions Judge may direct a warrant to any person within the local jurisdiction for execution.
- **Section 91 BNSS (earlier Section 74 CrPC):** A warrant may be executed at any place in India, and when it is to be executed outside the jurisdiction of the issuing court, it is usually sent to a Magistrate within whose jurisdiction the person resides.
- **Section 95 BNSS (earlier Section 78 CrPC):** Provides the procedure for executing warrants outside the jurisdiction by endorsing the warrant through a local Magistrate.
Search Warrants — BNSS, 2023 (Earlier CrPC Sections 93-100)
- **Section 98 BNSS (earlier Section 93 CrPC):** A court may issue a search warrant where it has reason to believe that a person to whom a summons for production of a document or thing has been issued will not produce it, or where the document or thing is not known to be in any person's possession.
- **Section 99 BNSS (earlier Section 94 CrPC):** A District Magistrate, Sub-Divisional Magistrate, or First Class Magistrate may issue a search warrant for any document, thing, or property which is suspected to be stolen, forged, or which may be used as evidence in an investigation.
- **Section 105 BNSS (earlier Section 100 CrPC):** Lays down the procedure for executing a search warrant — the search must be conducted in the presence of two or more independent witnesses from the locality, and a search list (panchnama) must be prepared.
Constitutional Safeguards
- **Article 21** of the Constitution of India protects the right to life and personal liberty. No person can be deprived of their liberty except according to procedure established by law. A warrant is part of that procedure.
- **Article 22(1)** ensures that every arrested person has the right to be informed of the grounds of arrest and to consult a legal practitioner.
- **Article 22(2)** requires that the arrested person be produced before the nearest Magistrate within 24 hours.
Types of Warrants
1. Bailable Warrant
A warrant that contains an endorsement directing that the arrested person may be released on bail upon furnishing a bond for a specified amount. The person need not be taken to court first — they can secure release at the police station itself by executing the bail bond.
2. Non-Bailable Warrant
A warrant that does not carry a bail endorsement. The arrested person must be produced before the court, and only the court can decide whether to grant bail. This is issued in more serious cases or when the accused has repeatedly failed to appear.
3. Search Warrant
An authorization to search a specific premises for specific items. It must describe the place to be searched and, as far as possible, the things to be seized. A general or blanket search warrant is not legally valid.
4. Warrant for Production of Documents
Under Section 98 BNSS, the court may issue a warrant directing the seizure of documents or things that a person has refused to produce despite being summoned.
Practical Examples
**Example 1:** Sunil is accused of cheating and does not appear before the Magistrate despite being served a summons twice. The Magistrate issues a non-bailable warrant for Sunil's arrest, directing the police to arrest him and produce him before the court.
**Example 2:** During investigation of a fraud case, the police have reason to believe that incriminating financial documents are kept at the office of a company. The investigating officer applies to the Magistrate, who issues a search warrant under Section 99 BNSS authorizing the search of the specified office and seizure of the documents described.
**Example 3:** Kavita is accused of a minor offence under Section 504 of the Bharatiya Nyaya Sanhita (criminal intimidation). The court issues a bailable warrant. When the police execute the warrant, they inform Kavita that she can furnish a bail bond of Rs. 10,000 and be released without being taken to court.
When Does This Term Matter?
- **Criminal proceedings** — Warrants are central to the criminal justice system. An arrest warrant is how the court ensures the presence of an accused who does not appear voluntarily.
- **Police investigations** — Search warrants authorize the collection of evidence from private premises, making them essential for investigating financial crimes, drug offences, and other cases where physical evidence is key.
- **Personal liberty** — Understanding warrants is critical to knowing your rights. The police cannot arrest you for a non-cognizable offence without a warrant, and they generally cannot search your home without one (except in specific circumstances allowed by law).
- **Challenging illegal arrests** — If an arrest is made without a valid warrant where one is required, the arrest may be challenged as illegal, and the person may seek release through habeas corpus proceedings.
- **Bail applications** — Whether the warrant is bailable or non-bailable determines the immediate procedure for seeking release after arrest.
Frequently Asked Questions
Can the police arrest someone without a warrant?
Yes, but only in specific circumstances. For **cognizable offences** (serious crimes like murder, robbery, theft), the police can arrest without a warrant under Section 35 BNSS (earlier Section 41 CrPC). For **non-cognizable offences** (less serious matters), the police generally need a warrant from a Magistrate. Additionally, any private person may arrest a person who commits a non-bailable and cognizable offence in their presence under Section 44 BNSS.
Can the police search my house without a search warrant?
In limited circumstances, yes. During investigation of a cognizable offence, a police officer may conduct a search without a warrant under Section 185 BNSS (earlier Section 165 CrPC) if they have reasonable grounds to believe that evidence may be destroyed by the delay caused in obtaining a warrant. However, they must record their reasons in writing before conducting the search and must send a copy of the record to the nearest Magistrate.
How long does a warrant remain valid?
An arrest warrant remains in force until it is **cancelled by the court** that issued it or until it is **executed** (the person is arrested). There is no automatic expiry. However, the person against whom the warrant is issued can apply to the court for cancellation of the warrant, or they may surrender before the court and seek bail.
What should I do if the police come with a warrant?
If the police arrive with a warrant, ask to see it and verify that it bears the court's seal, the judge's signature, and your correct name and details. Note the case number and the court that issued it. Cooperate with the process — resisting lawful execution of a warrant can lead to additional charges. If it is a bailable warrant, you can furnish bail at the police station itself. In all cases, contact an advocate immediately and ensure that your rights under Article 22 of the Constitution are respected, including the right to be informed of the grounds of arrest.
Disclaimer: This glossary entry is for informational purposes only and does not constitute legal advice.
Related Legal Terms
Summons
A summons is a formal court order requiring a person to appear before the court on a specified date and time, or directing a party to respond to a legal proceeding initiated against them.
FIR (First Information Report)
A First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence, marking the first step in the criminal investigation process.
Cognizable Offence
A cognizable offence is an offence in which a police officer can arrest the accused without a warrant and begin investigation without prior permission from a magistrate.
Bail Bond
A bail bond is a written undertaking, with or without sureties, executed by or on behalf of an accused person, guaranteeing their appearance before the court on specified dates in exchange for their release from custody.