Warrant for Arrest

Warrant for Arrest (Criminal Procedure Act, Cap. 20 R.E. 2022)

Section 13 of the Criminal Procedure Act outlines the procedure for issuing a warrant for arrest in cases where there are reasonable grounds to believe that a person has committed an offence.

Subsection (1) stipulates that a magistrate, Ward Secretary, or Secretary of a Village Council can issue a warrant for the arrest of a person based on information provided under oath. This applies when the person is not already under restraint, and the warrant will direct the arrested individual to appear before a court. Additionally, they may choose to issue a summons instead of a warrant, requiring the person to appear before the court.

Subsection (2) allows for the issuance of a warrant after a summons has been issued, but before it has been served. This provision ensures that the person can be arrested if they fail to appear after being summoned.

Subsection (3) sets conditions for issuing a warrant. It requires an affidavit outlining the grounds for the warrant to be furnished, and the informant may need to provide further information. The magistrate, Ward Secretary, or Village Secretary must be satisfied that there are reasonable grounds to issue the warrant.

Subsection (4) emphasizes that any information provided by the informant under subsection (3)(b) must be sworn under oath to ensure the credibility and legality of the request.

Subsection (5) clarifies that when a warrant is issued, the magistrate, Ward Secretary, or Village Secretary must detail the specific grounds for issuing the warrant, as provided in the affidavit, to justify the decision. This ensures transparency in the warrant issuance process and holds the authorities accountable for their actions.