Section 72 BNSS: Form of warrant of arrest and duration (Formerly Section 70 CrPC)

Section 72 of Bharatiya Nagarik Suraksha Sanhita, 2023: Form of warrant of arrest and duration

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Arrest Sec 35

Legal Commentary & Landmark Judgments: Section 72

Section 72 of the Bharatiya Nagarik Suraksha Sanhita, 2023 prescribes the form, authentication, and continuous validity of warrants of arrest issued by criminal courts.

Process Issuance & Attendance: Section 72 provides that every warrant of arrest issued by a Court shall be in writing, signed by the presiding officer, and shall bear the seal of the Court.
Sub-Section (2) Provision: Sub-section (2) enacts an important operational rule: every warrant of arrest remains in force until it is formally cancelled by the Court which issued it, or until it is executed.

Unlike ordinary processes, an unexecuted arrest warrant does not lapse with the passage of time.

Key Landmark Precedents:

Raghuvansh Dewanchand Bhasin v. State of Maharashtra (2012) 9 SCC 791: The Supreme Court held that non-bailable warrants are coercive measures of last resort; courts must exercise extreme circumspection and prefer summons or bailable warrants initially to safeguard personal liberty.
Inder Mohan Goswami v. State of Uttaranchal (2007) 12 SCC 1: Laid down clear guidelines cautioning courts against issuing non-bailable warrants mechanically, particularly in commercial disputes or where presence can be secured through summons.

Legal Commentary:

Section 72 underscores that an arrest warrant is a severe deprivation of liberty. Defense advocates facing outstanding non-bailable warrants must apply under Section 72(2) for formal cancellation or recall, offering personal bonds to purge default.