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Normally a warrant of arrest issued by a court under the Bharatiya Nagarik Suraksha Sanhita 2023 remains in force until it
Question

Normally a warrant of arrest issued by a court under the Bharatiya Nagarik Suraksha Sanhita 2023 remains in force until it

A.

is cancelled by a court of superior jurisdiction

B.

is cancelled by the court which issued it

C.

is cancelled by any court

D.

expires

Correct option is B

The correct option is (b) is cancelled by the court which issued it.

Explanation

Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, a warrant of arrest follows the principle of "continuing validity." Specifically, according to Section 72(2) of the BNSS (which corresponds to Section 70(2) of the old CrPC):

  • Continuous Force: Every warrant of arrest issued by a Court shall remain in force until it is cancelled by the Court which issued it, or until it is executed.
  • No Expiry Date: Unlike certain other legal orders, a warrant does not "expire" by mere passage of time. As long as it hasn't been executed (the person arrested) or formally retracted by the issuing judge, it remains legally valid indefinitely.

Information Booster

The BNSS 2023 outlines several key characteristics of a valid warrant under Section 72:

  • Form: It must be in writing, signed by the presiding officer of the Court, and bear the seal of the Court.
  • Direction: It is usually directed to one or more police officers, but if immediate execution is necessary and no police officer is available, it can be directed to any other person.
  • Execution: A warrant may be executed at any place in India.

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