Section 58: Procedure for issuing warrant for arrest

1) A warrant for arrest to be issued by the court pursuant to this Chapter shall clearly state the full name and address of the person to be arrested and the reason for arrest and be in the form referred to in Schedule-23 in the case of an accused person and in the form referred to in Schedule-24 in the case of a witness and other person.

2) A warrant for arrest issued pursuant to sub-section (1) shall be signed by the concerned authority and bear the seal of the court.

3) While issuing a warrant for arrest pursuant to sub section (1), the warrant for arrest shall be directed to the police office of the area where the person to be arrested is or likely to be residing or staying.

Provided that the court may, if it deems so necessary, also direct a warrant for arrest to the employee of the court.

4) A warrant for arrest issued pursuant to this Section shall remain valid unless and until it is executed or cancelled by the court.

5) A person to whom a warrant for arrest has been issued may be arrested pursuant to such warrant, and while arresting a person in pursuance thereof, the warrant for arrest shall be shown to, and the notice sent pursuant to sub-section (7) of Section 57 shall also be delivered to, that person.

6) A person who has been arrested under a warrant for arrest shall immediately be produced before the concerned court as soon as possible but not later than twenty-four hours, excluding the time required for journey.

7) If the person to be arrested under a warrant for arrest is not found within seven days after the date of receipt by the police of the warrant for arrest, the concerned police office shall continue to search that person, and, subsequent thereto, proceed to his or her house and deliver the 35-day-warrant for arrest issued to him or her, in the form referred to in Schedule-25, to any of his or her family member of legal age, residing jointly with him or her, and retain a receipt thereof in the case-file.

8) If the person referred to in sub-section (7) refuses to acknowledge such warrant or is not found, a copy of the warrant shall be affixed to his or her house in presence of a member of the concerned ward committee of the Local Level, and if such member is not available, in presence of at least two local persons, and one copy thereof shall be delivered to the court.

9) A copy of the warrant affixed to the house where the concerned person is residing or staying pursuant to sub-section (8) shall also be delivered to the concerned ward office of the Local Level and a receipt of its acknowledgement shall be retained in the casefile.

10) If a warrant is delivered to it pursuant to sub-section (9), the concerned ward office of the Local Level shall, upon receipt of such warrant, give information thereof to the concerned person and also affix it to its notice board.

11) Notwithstanding anything contained elsewhere in this Section, if a person under the warrant for arrest appears himself or herself before the court prior to being arrested, he or she shall be arrested and hearing shall be held under law as to whether or not he or she has to be held in detention, and the warrant for arrest issued to him or her previously shall be voided and information thereof given to the concerned authority.

12) If the court comes to know upon a petition by the party or through any other means that the person under the warrant for arrest is staying in any district other than his or her address, the court may also direct the warrant for arrest to the district where he or she is staying.

13) If any accused does not appear within the time limit specified in the warrant for arrest issued pursuant to this Chapter and remains absconded or the actual address of the accused cannot be discovered or the place where the accused is staying cannot be found out, the court may publish a notice, containing the description of such accused, in any national daily newspaper and affix the notice to the notice board of the concerned court.

14) Upon the publication of a notice pursuant to sub-section (13), the accused shall be deemed to have duly received the notice, and any police office or employee may, at any time, arrest and produce him or her.

15) The court may, at any time after the affixation of the notice pursuant to sub-section (8), order the attachment of any property belonging to the person under the warrant for arrest.

16) If an order for the attachment of property is made pursuant to sub-section (15), the court shall affix a notice of such attachment to its notice board and give information thereof to the concerned Land Revenue Office or other body or organization.

17) If it receives a precept from the court for the attachment of property pursuant to such-section (16), the concerned Land Revenue Office or other body or organization shall immediately attach such property and give information thereof to the court making such attachment order.

18) If a property attachment order is made by the court pursuant to sub-section (15), such property shall, notwithstanding anything contained in the law in force, be deemed to have been attached with effect from the date of such order.

19) After the person to be arrested pursuant to this Chapter appears in the court, the court shall, irrespective of the stage of the proceeding of the case, order the concerned Land Revenue Office or other body or organization to immediately release the property of such person which has been attached pursuant to this Section.