Section 72 BNSS 2023: Form and Duration of Warrant of Arrest
Section 72 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lays down the basic legal requirements for a warrant of arrest issued by a Court and explains how long such a warrant continues to remain in force.
Text of Section 72 BNSS
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.
Meaning and legal requirements of Section 72
Section 72 applies to a warrant of arrest issued by a Court under the BNSS. It prescribes mandatory formal features that distinguish a judicial warrant from an informal direction or oral instruction.
- The warrant must be in writing: a valid warrant of arrest under this provision is a written judicial process.
- It must be signed: the warrant must carry the signature of the presiding officer of the Court issuing it.
- It must bear the Court seal: the Court seal forms part of the statutory form required by Section 72(1).
- It continues until cancellation or execution: Section 72(2) does not make the warrant expire merely because time has passed. It remains in force until the issuing Court cancels it or the warrant is executed.
When does a warrant of arrest cease to operate?
Under Section 72(2), a warrant continues in force until one of two events occurs: the Court that issued the warrant cancels it, or the warrant is executed. Therefore, the duration of the warrant is linked to cancellation or execution rather than to a fixed number of days.
Related provisions on warrants under BNSS
Section 72 is the opening provision in the group of BNSS provisions dealing with warrants of arrest. The following sections address security on a warrant, the person to whom a warrant may be directed, execution by police or other persons, notification of its substance, production before Court, and execution outside jurisdiction.
For the next provision, see Section 73 BNSS - Power to direct security to be taken. You may also refer to the Bharatiya Nagarik Suraksha Sanhita, 2023 overview for related provisions.
Corresponding provision under the Code of Criminal Procedure, 1973
Section 72 BNSS corresponds to Section 70 of the Code of Criminal Procedure, 1973. Both provisions state that a Court-issued arrest warrant must be in writing, signed by the presiding officer, bear the Court seal, and remain in force until cancelled by the issuing Court or executed.
Official legal resources
For the authoritative statutory text and current legislative record, consult the official India Code page for the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Ministry of Home Affairs - New Criminal Laws page.