We also expertise in getting orders against LOC issued by Police, warrants & Proclamation orders issued by Courts in criminal cases:
Warrant-Proclaimamtion-82-LOC
Warrant
Warrant is the order from the court which authorises the police officer to arrest an individual and bring the said person before the judge/court. When an individual is convicted for a crime or charged with a crime committed by him but fails to appear before the court, that’s when the court issues a warrant against that person, to make him appear before the court with the assistance of an officer.
Categories of Warrant:
- Bench Warrant– is an order issued by the court against an individual who does not appear before the court for a charge or hearing or as a witness in a case. When a bench warrant is issued, an officer is at a charge to bring the individual before the court.
The cancellation of the warrant could be made either by obtaining bail or by appearing before the court with the appropriate application.
- Search Warrant: is an order empowering an officer to search a person/premises for particular evidence. This warrant can be obtained on the lawful statement of an officer, who has a reason to believe that proof and evidence of the crime committed shall be located.
- Arrest Warrant: is an order which empowers to the police officer to arrest an individual named in the warrant.
Types of Warrant:
- Bailable warrant is a warrant issued by the court where an individual against whom the warrant has been issued must not be arrested and shall be released on bail with the assistance of a bail bond and surety presented before the court. Section 71(1) of CrPC deals with bailable warrants.
- Non-Bailable warrant is a warrant of arrest issued by a court against an individual, who shall be arrested by the police officer and presented before the court. Courts issue Non Bailable Warrant only in extreme situations such as; hindrance in maintaining law and order and interest of a person is affected at large.
These warrants can be issued for various purpose, and they are of different kinds. It is an authorisation in written format given by the court for an individual’s appearance, witness, arrest etc.
Proclamation of person absconding under Section 82 CrPC
An individual who is absconding or ignoring warrants is given a final opportunity to appear before the court. Proclamation is pasted at the current residence or the last known address of the absconding individual and the court premises as well. Duration of 30 days or more is granted to the absconded individual to appear before the court.
When a warrant against an accused individual is not executed, and the accused fails to appear before the court, the court may direct proclamation shall be issued against the accused individual U/S 82 CrPC. Court may also direct for attachment of property of the absconding person U/S 83 CrPC.
A proclamation may be issued against an individual who is hiding himself from the law.
