Section 70 CrPC (Now Section 72 BNSS): Form of Warrant of Arrest and Its Duration – Validity, Bailable and Non-Bailable Warrants, Cancellation and धारा 70 in Hindi

Section 70 CrPC - Warrant of Arrest - Form and Duration

Section 70 of the Code of Criminal Procedure, 1973 (CrPC) laid down the form of a warrant of arrest and how long it lasts. Since 1 July 2024 the same rule, unchanged, is Section 72 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): every warrant of arrest issued by a court must be in writing, signed by the presiding officer of the court and bear the court’s seal, and under sub-section (2) it “shall remain in force until it is cancelled by the Court which issued it, or until it is executed.” An arrest warrant therefore has no expiry date. Under the Act it ends when the person is arrested under it or when the court that issued it cancels it (a higher court can also set aside the proceedings).

Whether a warrant is “bailable” depends on the next section, Section 73 BNSS (formerly Section 71 CrPC): if the court endorses on it that the person may be released on a bail bond with sureties, it is a bailable warrant; without that endorsement the person is brought before the court, which decides on bail. This page explains these sections, the Supreme Court’s rules on warrants, cancellation, and gives a summary in Hindi.

Section 70 CrPC / Section 72 BNSS at a glance

  • New section: Section 72 BNSS, “Form of warrant of arrest and duration” (formerly Section 70 CrPC), unchanged, in force since 1 July 2024.
  • Form: in writing, signed by the presiding officer of the court and bearing the seal of the court (Section 72(1)); the model is Form No. 3 of the Second Schedule.
  • Validity: the warrant stays in force until the issuing court cancels it or until it is executed (Section 72(2), formerly 70(2) CrPC). There is no fixed period.
  • Who issues it: a court, never the police; police arrest without a warrant is a separate power under Section 35 BNSS.
  • Bailable warrant: the court may endorse the warrant so that the person is released on a bail bond with sureties; the endorsement states the number of sureties, the amounts and the date to appear (Section 73, formerly 71 CrPC).
  • Execution: usually by the police, anywhere in India; the substance must be told to the person and the warrant shown if asked; the person must reach court within 24 hours, excluding travel time (Sections 74–79 BNSS).
  • Electronic warrants: “summons or warrants may also be issued through electronic means” (proviso to Section 227(1) BNSS); Section 530 allows issue, service and execution of warrants in electronic mode.
  • If the person absconds: proclamation to appear in not less than 30 days, attachment of property, and for offences punishable with ten years or more, a proclaimed-offender declaration (Sections 84–85 BNSS; Section 209 BNS).
  • Supreme Court: non-bailable warrants interfere with personal liberty and should not be issued casually (Inder Mohan Goswami, 9 October 2007).

Reviewed and updated by Century Law Firm, Delhi – October 2026. Statutory references are to the Acts as in force on that date. The BNSS and the BNS are quoted from India Code (English texts as on 6 October 2025, with no later amendment to the sections discussed), the Hindi wording of the BNSS from the Gazette text on India Code, the Constitution from the Legislative Department’s 2026 edition, and the judgments from the Supreme Court’s own copies.

Section 70 CrPC and Section 72 BNSS: the text

Section 70 CrPC is now Section 72 BNSS. The firm’s comparison data, checked against the Gazette, records “No change” between the two. The BNSS text reads:

“72. Form of warrant of arrest and duration.—(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.”

It sits in Chapter VI, “Processes to Compel Appearance”, under “B.—Warrant of arrest”, right after the provisions on summons. You can look up any old section with the firm’s CrPC to BNSS comparison tool.

Sub-section (1): writing, signature and seal

A warrant of arrest is a court’s written order directing an officer to arrest a named person and bring him before the court. Sub-section (1) sets three conditions: writing, the signature of the presiding officer (the judge or magistrate presiding over the court) and the court’s seal. An oral direction, or a paper without the signature and seal, does not meet the form that Section 72 requires. The formalities matter because a warrant takes away personal liberty, and Section 62 BNSS says: “No arrest shall be made except in accordance with the provisions of this Sanhita or any other law for the time being in force providing for arrest.”

The format of a warrant: Form No. 3

The model format is Form No. 3 in the Second Schedule to the BNSS, “WARRANT OF ARREST (See section 72)”. It is addressed to the person who is to execute it and reads: “WHEREAS (name of accused) of (address) stands charged with the offence of … (state the offence), you are hereby directed to arrest the said …, and to produce him before me. Herein fail not.” It is dated and carries the seal of the court and the signature.

Below it is the optional endorsement under Section 73: “If the said … shall give bail himself in the sum of rupees … with one surety in the sum of rupees … (or two sureties each in the sum of rupees …) to attend before me on the … day of … and to continue so to attend until otherwise directed by me, he may be released.” Under Section 522 BNSS the forms may be used “with such variations as the circumstances of each case require”.

How long is an arrest warrant valid? Section 70(2) CrPC / 72(2) BNSS

Sub-section (2) answers it: the warrant “shall remain in force until it is cancelled by the Court which issued it, or until it is executed.” This means:

  • No period of days, months or years makes a warrant lapse. A warrant issued years ago is still in force if not executed or cancelled.
  • It ends when it is executed, that is, when the person is arrested under it.
  • Section 72(2) names cancellation by “the Court which issued it”; a police officer cannot cancel a warrant. A High Court can also set aside the proceedings, and with them the warrant, under its inherent powers (Section 528).
Section 72 BNSS at a glance Form of warrant of arrest and duration (formerly Section 70 CrPC)
Who issues and signsA court. Signed by its presiding officer (judge or magistrate).Section 72(1)
What it must haveWriting, the presiding officer’s signature and the court’s seal.Section 72(1); Form No. 3
What it saysWho is to arrest, whom, for which offence, and “produce him before me”.Form No. 3, Second Schedule
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How long it lastsUntil executed, or until cancelled by the court that issued it. No expiry date.Section 72(2), formerly 70(2) CrPC
Bailable endorsementThe court may write that the person be released on a bail bond with sureties: number of sureties, amounts, date to appear.Section 73, formerly 71 CrPC
On arrestTell the person the substance; show the warrant if asked.Section 77
Production in courtWithout unnecessary delay; never more than 24 hours, excluding travel time.Section 78; Article 22(2)

Prepared by Century Law Firm from Sections 72, 73, 77 and 78 and Form No. 3 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Article 22(2) of the Constitution (official texts).

Bailable and non-bailable warrants: Section 73 BNSS (formerly Section 71 CrPC)

Section 73(1) BNSS says that any court issuing a warrant of arrest “may in its discretion direct by endorsement on the warrant that, if such person executes a bail bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.” The endorsement states the number of sureties, the amounts for which they and the person are bound, and the time to attend court (Section 73(2)); the officer forwards the bond to the court (Section 73(3)).

A warrant carrying this endorsement is commonly called a bailable warrant (BW); one without it is called a non-bailable warrant (NBW). These are terms of practice (the BNSS itself uses “bailable warrant” in Section 482(3)). A “bail bond” is defined in Section 2(1)(d) BNSS as “an undertaking for release with surety”.

PointBailable warrantNon-bailable warrant
Legal basisWarrant under Section 72 with an endorsement under Section 73Warrant under Section 72 without that endorsement
On arrestThe officer takes the bail bond and sureties stated on the warrant and releases the personThe person is brought before the court (Section 78), which decides on bail
Arrest outside the districtLocal authority takes the security (Section 83(1))If the offence is bailable, the local authority takes a bail bond; if non-bailable, the local CJM or Sessions Judge may grant bail (Section 83(1))
Supreme Court guidanceTo be preferred where it will secure attendance (Inder Mohan Goswami)Only when summons or bailable warrant is unlikely to work; never casually

A bailable warrant is not the same thing as a bailable offence. A “bailable offence” is defined in Section 2(1)(c) BNSS as an offence “shown as bailable in the First Schedule, or which is made bailable by any other law”; every other offence is non-bailable. Section 73 leaves the endorsement to the court’s discretion whatever the offence, and Section 83 deals separately with a bailable offence and with an endorsed warrant. Once the person is before the court, bail is decided under Section 478 BNSS (bailable offences, formerly Section 436 CrPC: he “shall be released on bail”) or Section 480 BNSS (non-bailable offences before a Magistrate, formerly Section 437 CrPC: he “may be released on bail”, subject to its limits; in the Court of Session or High Court, Section 483). See the firm’s guide to bail in India.

When does a court issue a warrant instead of a summons?

The usual first process is a summons (Section 63 BNSS; Form No. 2 asks the accused to appear “in person (or by an advocate”). A warrant is the stronger process, allowed in these situations:

  • Warrant-case at the start: on taking cognizance of a warrant-case (an offence punishable with death, life imprisonment or more than two years, Section 2(1)(z)), the Magistrate “may issue a warrant, or, if he thinks fit, a summons” (Section 227(1)(b), formerly Section 204 CrPC).
  • In place of or in addition to a summons: “after recording its reasons in writing”, if the court believes the person has absconded or will not obey the summons, or if he fails to appear although duly served and offers no reasonable excuse (Section 90, formerly Section 87 CrPC).
  • Breach of a bond: when a person bound by a bond or bail bond does not appear (Section 92, formerly Section 89 CrPC); Sections 488 and 489 also provide for warrants where sureties become insufficient or seek discharge.

Inder Mohan Goswami v. State of Uttaranchal (2007)

In Inder Mohan Goswami & Another v. State of Uttaranchal & Others (Criminal Appeal No. 1392 of 2007, decided on 9 October 2007 by a three-judge Bench, judgment by Justice Dalveer Bhandari), a magistrate had issued non-bailable warrants on an FIR in what was essentially a land dispute. The Supreme Court quashed the proceedings and laid down how warrants should be issued, noting that “bailable and non-bailable warrants are issued casually and mechanically”.

“The issuance of non-bailable warrants involves interference with personal liberty,” the Court said, so “the courts have to be extremely careful before issuing non-bailable warrants.” A non-bailable warrant is for cases where a summons or bailable warrant is unlikely to work: where “it is reasonable to believe that the person will not voluntarily appear in court”, where the police cannot find the person to serve a summons, or where the person “could harm someone if not placed into custody immediately”. If a summons will do, “the summon or the bailable warrants should be preferred”. In complaint cases the order is summons, then bailable warrant, and a non-bailable warrant only “when the court is fully satisfied that the accused is avoiding the court’s proceeding intentionally”. As a general rule, “unless an accused is charged with the commission of an offence of a heinous crime and it is feared that he is likely to tamper or destroy the evidence or is likely to evade the process of law, issuance of non-bailable warrants should be avoided.”

Satender Kumar Antil v. CBI: the guidelines of 7 October 2021

On 7 October 2021, in Satender Kumar Antil v. Central Bureau of Investigation (SLP (Crl.) No. 5191 of 2021), Justices Sanjay Kishan Kaul and M.M. Sundresh made guidelines suggested by the Additional Solicitor General “a part of the order of the Court for the benefit of the Courts below”. They cover Category A offences, “punishable with imprisonment of 7 years or less not falling in category B & D” (B being offences punishable with death, life imprisonment or more than seven years, and D economic offences not covered by Special Acts), where the accused was not arrested during investigation and cooperated with it. After the chargesheet or complaint: ordinary summons first, “including permitting appearance through Lawyer”; a bailable warrant if the accused does not appear despite service; a non-bailable warrant if he fails to appear despite the bailable warrant; and “NBW may be cancelled or converted into a Bailable Warrant/Summons without insisting physical appearance of accused, if such an application is moved on behalf of the accused before execution of the NBW on an undertaking of the accused to appear physically on the next date/s of hearing.”

The benefit does not extend to an accused who did not cooperate with the investigation or answer summons, or where the court finds custody necessary, and the Court said the guidelines “are not fettered on the powers of the Courts”. The Court’s later judgment in the same case (2022) is not relied on here.

From summons to proclamation: the usual ladder How a court escalates when an accused does not appear (BNSS and Supreme Court guidance)
1SummonsOrder to appear; appearance through a lawyer may be allowed.Section 63; Antil (2021)
2Bailable warrantIf summons is avoided. Released on the bond stated on the warrant.Sections 72–73, 90
3Non-bailable warrantOnly when summons or bailable warrant is unlikely to work; never casually.Goswami (2007)
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4ProclamationIf the person absconds or hides: appear at a set place and time, not less than 30 days ahead.Section 84(1)
5Attachment and moreProperty attachment; proclaimed offender (ten years or more); trial in absentia.Sections 84(4), 85, 356

Prepared by Century Law Firm from Sections 63, 72, 73, 84, 85, 90 and 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Inder Mohan Goswami v. State of Uttaranchal (9 October 2007) and the Supreme Court’s order of 7 October 2021 in Satender Kumar Antil v. CBI (official copies). Courts keep their discretion at every step.

The warrant sections of the BNSS: old and new numbers

Section 72 is the first of a group of sections on warrants of arrest. All of them were carried over from the CrPC; the table gives the new number first, as mapped in the firm’s Gazette-checked data.

BNSS sectionFormer CrPC sectionSubjectChange
7270Form of warrant of arrest and durationNo change
7371Power to direct security to be taken (bailable endorsement)No change
7472Warrants to whom directedNo change
7573Warrant may be directed to any personNo change
7674Warrant directed to police officerNo change
7775Notification of substance of warrantNo change
7876Person arrested to be brought before court without delayNo change
7977Where warrant may be executedNo change
8078Warrant forwarded for execution outside jurisdictionNo change
8179Warrant directed to police officer for execution outside jurisdictionNo change
8280Procedure on arrest of person against whom warrant issuedNew sub-section (2): information to designated police officers
8381Procedure by Magistrate before whom such person arrested is brought“bail” replaced by “bail bond”
8482Proclamation for person abscondingSub-section (4) now uses the ten-years-or-more test
9087Issue of warrant in lieu of, or in addition to, summonsNo change
227204Issue of processNew proviso: summons or warrants through electronic means

How a warrant is executed: Sections 74 to 83 BNSS

To whom it is directed. A warrant “shall ordinarily be directed to one or more police officers”; the court may direct it to another person only “if its immediate execution is necessary and no police officer is immediately available” (Section 74). Another police officer may execute it if his name is endorsed on it (Section 76). Under Section 75, the Chief Judicial Magistrate or a Magistrate of the first class may also direct a warrant “to any person within his local jurisdiction” for the arrest of an escaped convict, a proclaimed offender, or a person accused of a non-bailable offence who is evading arrest.

Telling the person. The person executing the warrant “shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant” (Section 77, formerly Section 75 CrPC).

Production within 24 hours. The arrested person must be brought before the court “without unnecessary delay”, and the delay “shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court” (Section 78, formerly Section 76 CrPC; Article 22(2) of the Constitution). Under Section 48 whoever makes an arrest must also inform a relative, friend or other nominated person, and the designated police officer in the district. See the firm’s guide to the rights of an arrested person.

Anywhere in India. “A warrant of arrest may be executed at any place in India” (Section 79). Outside the issuing court’s jurisdiction, it is forwarded to, or endorsed by, the local Executive Magistrate, Superintendent or Commissioner of Police, or a police officer not below an officer in charge of a police station (Sections 80 and 81). The arrested person is taken before that local authority unless the issuing court is within thirty kilometres of the place of arrest or is nearer than that local authority, or security has been taken under Section 73 (Section 82(1)); the new Section 82(2) requires the police to inform the designated police officers of that district and of the district where he normally resides. Under Section 83 the local authority sends him to the issuing court, but takes a bail bond if the offence is bailable or the warrant is endorsed under Section 73; for a non-bailable offence, the Chief Judicial Magistrate or Sessions Judge of that district may release him on bail.

Assaulting or using criminal force against a police officer executing a warrant can lead to a separate case under Section 132 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 353 IPC), which is cognizable and non-bailable and punishable with imprisonment up to two years, or fine, or both.

Electronic warrants under the BNSS

The new proviso to Section 227(1) BNSS (formerly Section 204 CrPC) says: “Provided that summons or warrants may also be issued through electronic means.” Section 530 adds that proceedings under the Sanhita, “including— (i) issuance, service and execution of summons and warrant”, “may be held in electronic mode”. For summons, Section 63(ii) expressly allows electronic form bearing “the image of the seal of the Court or digital signature”; Section 72 was not amended in that way and still speaks of writing, signature and seal. The Act does not say how these appear on an electronic warrant.

If the person cannot be found: proclamation, attachment and trial in absentia

Proclamation (Section 84 BNSS, formerly Section 82 CrPC). If the court has reason to believe that the person “has absconded or is concealing himself so that such warrant cannot be executed”, it may publish a written proclamation requiring him to appear at a specified place and time “not less than thirty days from the date of publishing such proclamation”. It is read out where he ordinarily resides, fixed to his house and to the court-house, and may also be published in a daily newspaper.

Proclaimed offender and punishment. If the offence is punishable with imprisonment of ten years or more, life imprisonment or death and he does not appear, the court may declare him a proclaimed offender (Section 84(4)). Not appearing in response to a proclamation is an offence under Section 209 BNS (formerly Section 174A IPC): up to three years, or fine, or both, or community service; up to seven years and fine for a declared proclaimed offender.

Attachment and trial in absentia. The court may attach his property, for reasons recorded in writing (Section 85); it is released if he appears in time (Section 88(1)). Under the new Section 356 a proclaimed offender who has absconded to evade trial may be tried in his absence, after, among other conditions, the “issuance of two consecutive warrants of arrest within the interval of at least thirty days” and a newspaper notice giving him thirty days to appear; an advocate is provided at State expense.

An arrest warrant has been issued: what the law provides

This is general information on what the BNSS and the Supreme Court provide, not advice on a particular case; the right course depends on the offence, the stage of the case and why the warrant was issued.

  • Know the warrant. The person executing it must tell its substance and show it on request (Section 77); a Section 73 endorsement, if any, states the bond and sureties needed.
  • Cancellation is for the issuing court. Section 72(2) speaks of cancellation by “the Court which issued it”; the police cannot cancel a warrant. The BNSS prescribes no special form; the request is made to that court, and the Antil guidelines speak of an application “moved on behalf of the accused”.
  • Bond on appearance. When the person is present in court, the court “may require such person to execute a bond or bail bond for his appearance” (Section 91 BNSS, formerly Section 88 CrPC).
  • Bail. For a bailable offence, a person who appears and is prepared to give bail “shall be released on bail” (Section 478); for non-bailable offences the court decides under Section 480 (before a Magistrate) or Section 483 (Court of Session or High Court). Section 482 (formerly Section 438 CrPC) lets a person who has reason to believe he may be arrested on an accusation of a non-bailable offence apply to the High Court or the Court of Session for anticipatory bail; whether that remedy is open once a warrant has issued depends on the case.
  • Do not ignore it. A warrant does not lapse with time, and continued absence can lead to proclamation, attachment and trial in absentia.

Where criminal proceedings are an abuse of process, the High Court can quash them under its inherent powers (Section 528 BNSS, formerly Section 482 CrPC). In Inder Mohan Goswami the High Court had refused to do so, and the Supreme Court, on appeal, quashed the proceedings; see the firm’s page on quashing of FIR.

Which “Section 70”? CrPC, IPC, BNS and BNSS

Searches for “dhara 70” can mean different laws, and since 1 July 2024 the numbers have changed:

Section 70 ofSubjectOld or new equivalent
CrPC, 1973Form of warrant of arrest and durationSection 72 BNSS
IPC, 1860Fine leviable within six years, or during imprisonment; death does not discharge propertySection 8(7) BNS
BNS, 2023Gang rapeFormerly Sections 376D, 376DA and 376DB IPC (now Section 70(1) and (2) BNS)
BNSS, 2023Proof of service of summons when the serving officer is not presentFormerly Section 68 CrPC

This page is about the first of these. The firm’s guide to the BNS, BNSS and BSA explains the change of codes.

Cases that began under the CrPC

Under Section 531(2)(a) BNSS, any appeal, application, trial, inquiry or investigation pending immediately before the BNSS came into force on 1 July 2024 “shall be disposed of, continued, held or made … in accordance with the provisions of the Code of Criminal Procedure, 1973”. In the firm’s reading, a warrant issued in a case pending on that date therefore remains governed by the CrPC, whose Section 70(2), like Section 72(2) BNSS, keeps it in force until it is executed or cancelled. Section 531(2)(b) also provides that proclamations issued and orders made under the CrPC that were in force on that date are deemed to have been issued or made under the corresponding provisions of the BNSS.

धारा 70 सीआरपीसी (अब धारा 72 BNSS) – हिंदी में सारांश (Summary in Hindi)

दंड प्रक्रिया संहिता, 1973 (CrPC) की धारा 70 गिरफ्तारी के वारंट के रूप (form) और उसकी अवधि के बारे में थी। 1 जुलाई 2024 से यही नियम भारतीय नागरिक सुरक्षा संहिता, 2023 (BNSS) की धारा 72 में है, और दोनों में कोई अंतर नहीं है। BNSS के आधिकारिक हिंदी पाठ में धारा 72 का शीर्षक है: “गिरफ्तारी के वारंट का प्ररूप और अवधि”।

आधिकारिक हिंदी पाठ (भारत के राजपत्र में प्रकाशित, इंडिया कोड पर उपलब्ध) इस प्रकार है: “72. (1) न्यायालय द्वारा इस संहिता के अधीन जारी किया गया गिरफ्तारी का प्रत्येक वारंट लिखित रूप में और ऐसे न्यायालय के पीठासीन अधिकारी द्वारा हस्ताक्षरित होगा और उस पर उस न्यायालय की मुद्रा लगी होगी । (2) ऐसा प्रत्येक वारंट तब तक प्रवर्तन में रहेगा जब तक वह उसे जारी करने वाले न्यायालय द्वारा रद्द नहीं कर दिया जाता है या जब तक वह निष्पादित नहीं कर दिया जाता है ।”

सरल शब्दों में, गिरफ्तारी का वारंट केवल न्यायालय जारी करता है। वह लिखित होना चाहिए, उस पर न्यायाधीश या मजिस्ट्रेट (पीठासीन अधिकारी) के हस्ताक्षर होने चाहिए और न्यायालय की मुद्रा (मुहर) लगी होनी चाहिए। धारा 70(2) सीआरपीसी, यानी अब धारा 72(2) BNSS, के अनुसार वारंट की कोई तय समय-सीमा नहीं है: वह तब तक लागू रहता है जब तक उसका निष्पादन न हो जाए (यानी व्यक्ति गिरफ्तार न हो जाए) या जारी करने वाला न्यायालय उसे रद्द न कर दे। पुलिस वारंट रद्द नहीं कर सकती। बिना वारंट गिरफ्तारी पुलिस की अलग शक्ति है, जो BNSS की धारा 35 में है।

जमानती और गैर-जमानती वारंट (ये बोलचाल के शब्द हैं, धारा 72 में नहीं): धारा 73 BNSS (पहले धारा 71 CrPC) के अनुसार न्यायालय वारंट पर पृष्ठांकन (endorsement) करके यह निदेश दे सकता है कि यदि व्यक्ति पर्याप्त प्रतिभुओं (sureties) सहित बंधपत्र (bail bond) दे दे, तो अधिकारी उसे अभिरक्षा से छोड़ देगा। पृष्ठांकन में प्रतिभुओं की संख्या, रकम और न्यायालय में उपस्थित होने का समय लिखा होता है। ऐसे वारंट को आम तौर पर जमानती वारंट कहते हैं। जिस वारंट पर यह पृष्ठांकन नहीं होता, उसे गैर-जमानती वारंट कहते हैं; उसमें व्यक्ति को न्यायालय के सामने लाया जाता है और जमानत का फैसला न्यायालय करता है।

वारंट के निष्पादन के नियम: वारंट साधारणतया पुलिस अधिकारी को दिया जाता है (धारा 74)। गिरफ्तार करने वाला व्यक्ति वारंट का सार बताएगा और माँगने पर वारंट दिखाएगा (धारा 77, “वारंट के सार की सूचना”)। गिरफ्तार व्यक्ति को अनावश्यक विलंब के बिना न्यायालय के सामने लाना होगा, और यह विलंब यात्रा के समय को छोड़कर चौबीस घंटे से अधिक नहीं होगा (धारा 78; संविधान का अनुच्छेद 22(2))। धारा 79 के अनुसार “गिरफ्तारी का वारंट भारत के किसी भी स्थान में निष्पादित किया जा सकेगा”। दूसरे जिले में गिरफ्तारी होने पर धारा 80 से 83 की प्रक्रिया लागू होती है।

सुप्रीम कोर्ट ने इंदर मोहन गोस्वामी बनाम उत्तरांचल राज्य (9 अक्टूबर 2007) में कहा कि गैर-जमानती वारंट व्यक्तिगत स्वतंत्रता में हस्तक्षेप है, इसलिए न्यायालय उसे सोच-समझकर ही जारी करें; जहाँ समन से काम चल सकता हो, वहाँ समन या जमानती वारंट को प्राथमिकता दी जानी चाहिए। सतेंदर कुमार अंतिल बनाम CBI (7 अक्टूबर 2021) के दिशानिर्देशों के अनुसार सात वर्ष तक की सज़ा वाले कुछ मामलों में, निष्पादन से पहले आवेदन देने और अगली तारीख पर उपस्थित होने का वचन देने पर गैर-जमानती वारंट रद्द या जमानती वारंट/समन में बदला जा सकता है।

यदि व्यक्ति फरार हो जाए या छिप जाए, तो न्यायालय धारा 84 BNSS (“फरार व्यक्ति के लिए उद्घोषणा”) के अंतर्गत लिखित उद्घोषणा प्रकाशित कर सकता है, जिसमें कम से कम तीस दिन बाद किसी निश्चित स्थान और समय पर उपस्थित होने को कहा जाता है। न्यायालय धारा 85 के अंतर्गत उसकी संपत्ति कुर्क कर सकता है। यदि अपराध दस वर्ष या अधिक के कारावास, आजीवन कारावास या मृत्युदंड से दंडनीय है और वह उपस्थित नहीं होता, तो उसे उद्घोषित अपराधी (धारा 84(4) के आधिकारिक हिंदी पाठ का शब्द) घोषित किया जा सकता है, और धारा 356 के अंतर्गत उसकी अनुपस्थिति में मुकदमा चल सकता है। उद्घोषणा के बावजूद उपस्थित न होना BNS की धारा 209 के अंतर्गत अपराध है।

BNSS की धारा 227 के परंतुक के अनुसार समन या वारंट इलेक्ट्रॉनिक माध्यम से भी जारी किए जा सकते हैं (धारा 530 भी देखें)। ध्यान दें: IPC की धारा 70 (जुर्माने की वसूली, अब BNS की धारा 8(7)) और BNS की धारा 70 (सामूहिक बलात्कार, gang rape) अलग विषय हैं। ऊपर उद्धृत हिंदी पाठ के अलावा यह सारांश फर्म का अपना सरल विवरण है।

Frequently asked questions

What is the BNSS equivalent of Section 70 CrPC?

Section 72 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force since 1 July 2024. It repeats Section 70 CrPC without change: a warrant of arrest must be written, signed by the presiding officer and sealed, and remains in force until cancelled by the issuing court or executed.

Does an arrest warrant expire?

No. Under Section 72(2) BNSS (formerly Section 70(2) CrPC) a warrant “shall remain in force until it is cancelled by the Court which issued it, or until it is executed.” There is no period after which it lapses on its own. It ends when it is executed or cancelled by the issuing court (or if a higher court sets it aside or quashes the proceedings).

What is the difference between a bailable and a non-bailable warrant?

A bailable warrant carries the court’s endorsement under Section 73 BNSS (formerly Section 71 CrPC) that the person is to be released on executing a bail bond with the sureties stated on it; the endorsement gives the number of sureties, the amounts and the date to appear. A non-bailable warrant has no such endorsement, so the person is brought before the court, which decides on bail.

What does Section 70(2) CrPC say, and what is it in the BNSS?

Section 70(2) CrPC said that every warrant of arrest remains in force until it is cancelled by the court which issued it, or until it is executed. The same rule is now Section 72(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023: an arrest warrant has no expiry date.

Is a warrant of arrest under Section 70 bailable or not?

Section 70 CrPC (now Section 72 BNSS) is not an offence, so it is neither bailable nor non-bailable. Whether a particular warrant is bailable depends on whether the court has endorsed it under Section 73 BNSS for release on a bail bond with sureties. Whether the offence is bailable is a separate question, answered by the First Schedule to the BNSS.

Can the police issue an arrest warrant?

No. Section 72 BNSS speaks only of a warrant “issued by a Court”, signed by its presiding officer and bearing its seal. The police execute warrants; their separate power to arrest without a warrant is in Section 35 BNSS (formerly Sections 41 and 41A CrPC).

What is the format of a warrant of arrest?

The model is Form No. 3, “Warrant of Arrest”, in the Second Schedule to the BNSS. It names the executing officer, the accused, his address and the offence, directs the officer “to arrest the said …, and to produce him before me”, and is dated, signed and sealed. It may carry the Section 73 endorsement fixing the bail amount and sureties.

Can a warrant issued by a Delhi court be executed in another State?

Yes. Section 79 BNSS says: “A warrant of arrest may be executed at any place in India.” It is forwarded to, or endorsed by, the local Executive Magistrate or police (Sections 80 and 81), and the arrested person is ordinarily taken before the local authority, which sends him to the issuing court but must take a bail bond if the offence is bailable or the warrant is endorsed under Section 73 (for a non-bailable offence the local CJM or Sessions Judge may grant bail) (Sections 82 and 83).

Must the police show the warrant at the time of arrest?

Under Section 77 BNSS (formerly Section 75 CrPC) the police officer or other person executing a warrant of arrest “shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant.”

Within how much time must a person arrested on a warrant be produced in court?

Without unnecessary delay, and never more than twenty-four hours, excluding the time needed for the journey from the place of arrest to the Magistrate’s court (Section 78 BNSS, formerly Section 76 CrPC). Article 22(2) of the Constitution gives the same protection.

How is an arrest warrant cancelled?

Section 72(2) BNSS speaks of cancellation by “the Court which issued it”; the police cannot cancel a warrant. The request is made to that court; when the person is present in court, it may require a bond or bail bond under Section 91 BNSS. In the Supreme Court’s 2021 Antil guidelines, an NBW in certain cases “may be cancelled or converted” on an application made before it is executed.

What can a person do if an arrest warrant has been issued against him?

The BNSS provides several routes: asking the issuing court to cancel it, a bond under Section 91, the bail bond stated on a bailable warrant (Section 73), bail under Section 478, 480 or 483, and, in some cases, an application for anticipatory bail under Section 482. Ignoring the warrant can lead to proclamation and attachment under Sections 84 and 85.

When should a court issue a non-bailable warrant?

In Inder Mohan Goswami v. State of Uttaranchal (9 October 2007) the Supreme Court said a non-bailable warrant is for cases where a summons or bailable warrant is unlikely to work, such as a person who will not appear voluntarily, cannot be found, or could harm someone. As a general rule it should be avoided unless the charge is of a heinous crime and the accused may tamper with evidence or evade the process of law.

Can a warrant be issued electronically under the BNSS?

Yes. The proviso to Section 227(1) BNSS says “summons or warrants may also be issued through electronic means”, and Section 530 allows the “issuance, service and execution of summons and warrant” in electronic mode. Section 72 still requires writing, the presiding officer’s signature and the court’s seal; the Act does not say how these appear on an electronic warrant.

What happens if the accused avoids the warrant?

Under Section 84 BNSS (formerly Section 82 CrPC) the court may publish a written proclamation requiring the person to appear at a specified place and time not less than thirty days after publication. It may then order attachment of his property under Section 85, and for offences punishable with ten years or more, life imprisonment or death, declare him a proclaimed offender and, under Section 356, try him in his absence.

Is it an offence not to appear after a proclamation?

Yes. Section 209 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 174A IPC) punishes failure to appear as required by a proclamation under Section 84(1) BNSS with imprisonment up to three years, or fine, or both, or community service. Where the person has been declared a proclaimed offender under Section 84(4), the punishment is imprisonment up to seven years and fine.

Is a warrant issued under the CrPC before 1 July 2024 still valid?

If the case was pending on 1 July 2024, Section 531(2)(a) BNSS says it continues under the Code of Criminal Procedure, 1973. Section 70(2) CrPC, like Section 72(2) BNSS, keeps a warrant in force until it is executed or cancelled, so in the firm’s reading the change of codes did not by itself end such a warrant.

Is “dhara 70” of the IPC or BNS the same as Section 70 CrPC?

No. Section 70 IPC dealt with recovery of fines within six years and is now Section 8(7) of the Bharatiya Nyaya Sanhita. Section 70 of the BNS is the offence of gang rape. Section 70 of the BNSS deals with proof of service of summons. Only Section 70 CrPC, now Section 72 BNSS, deals with the form and duration of an arrest warrant.

धारा 70 सीआरपीसी क्या है?

दंड प्रक्रिया संहिता की धारा 70 गिरफ्तारी के वारंट के रूप और अवधि के बारे में थी; अब यह भारतीय नागरिक सुरक्षा संहिता, 2023 की धारा 72 है। इसके अनुसार न्यायालय द्वारा जारी गिरफ्तारी का प्रत्येक वारंट लिखित होगा, पीठासीन अधिकारी द्वारा हस्ताक्षरित होगा और उस पर न्यायालय की मुद्रा लगी होगी। वारंट तब तक प्रवर्तन में रहता है जब तक जारी करने वाला न्यायालय उसे रद्द न कर दे या उसका निष्पादन न हो जाए।

गिरफ्तारी वारंट कितने समय तक वैध रहता है और कैसे रद्द होता है?

धारा 72(2) BNSS (पहले धारा 70(2) CrPC) के अनुसार वारंट की कोई समय-सीमा नहीं है; वह निष्पादन तक या जारी करने वाले न्यायालय द्वारा रद्द किए जाने तक लागू रहता है। वारंट रद्द करने का अनुरोध उसे जारी करने वाले न्यायालय से किया जाता है; पुलिस वारंट रद्द नहीं कर सकती। व्यक्ति के न्यायालय में उपस्थित होने पर न्यायालय धारा 91 के अंतर्गत बंधपत्र या जमानतपत्र ले सकता है।

Conclusion

Section 70 CrPC is now Section 72 BNSS, without change. A warrant of arrest is a written, signed and sealed order of a court, and it stays in force until it is executed or the issuing court cancels it; there is no expiry date. Whether the person is released at once depends on the endorsement under Section 73, and Sections 74 to 83 govern execution, notice of the warrant, production within 24 hours and arrests in other districts.

The Supreme Court has said that warrants, especially non-bailable ones, must not be issued mechanically, and its 2021 Antil guidelines allow a non-bailable warrant in certain cases (offences punishable with up to seven years, where the accused was not arrested and cooperated) to be cancelled or converted on an application made before it is executed. A warrant that is ignored does not lapse; it can lead to proclamation, attachment and trial in absentia.

Sources used for this post: the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023), Sections 2(1)(c), (d) and (z), 35, 48, 62, 63, 70, 72 to 85, 88, 90, 91, 92, 227, 356, 478, 480, 482, 488, 489, 522, 528, 530 and 531 and Forms No. 2 to 5 of the Second Schedule (India Code, English text A2023-46.pdf as on 6 October 2025, still the current file on 23 October 2026, and the Hindi text as published in the Gazette of India, Extraordinary, on India Code); the Bharatiya Nyaya Sanhita, 2023, Sections 8(7), 70, 132 and 209 (India Code, as on 6 October 2025); the Constitution of India, Article 22(2) (Legislative Department, English edition of 2026); the firm’s Gazette-checked CrPC–BNSS and IPC–BNS comparison data; the Supreme Court’s official copies of Inder Mohan Goswami & Another v. State of Uttaranchal & Others, Criminal Appeal No. 1392 of 2007, 9 October 2007 (official copy), and of the order of 7 October 2021 in Satender Kumar Antil v. Central Bureau of Investigation & Anr., SLP (Crl.) No. 5191 of 2021 (official order).

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