Bharatiya Nagarik Suraksha Sanhita, 2023
Section 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.
Why this exists
This provision continues a long-standing rule (earlier Section 70 of the Code of Criminal Procedure, 1973) meant to prevent arbitrary or informal arrests. By requiring a written, signed, and sealed document, the law creates a verifiable record that a court actually authorized the arrest, and fixes accountability on the presiding officer. Making the warrant valid until executed or cancelled (rather than giving it an automatic expiry date) ensures that a person who evades arrest cannot escape justice simply by hiding until a deadline passes.
How courts read it
Courts have historically treated the formal requirements — writing, signature, and seal — as essential safeguards, holding that a warrant lacking these can be challenged as invalid. On the duration point, courts have consistently clarified that an arrest warrant, unlike a search warrant or many other orders, does not lapse with time; it remains executable indefinitely unless the issuing court withdraws it, which is why police can execute warrants issued years earlier if the case is still open.
Common misconceptions
- Myth: An arrest warrant becomes invalid after a certain number of days or months if not executed.
Fact: Under this section, the warrant remains in force indefinitely until the issuing court cancels it or it is executed — there is no automatic expiry. - Myth: A verbal order from a judge to arrest someone is enough.
Fact: The law requires the warrant to be in writing, signed by the presiding officer, and sealed by the court; an oral instruction alone does not meet this requirement.