CrPC Section 75
CrPC Section 75 – Notification of substance of warrant
This section lays down a very basic but essential safeguard about how a warrant of arrest must be executed.
Key Points:
Showing the warrant
When a police officer or any person authorized executes an arrest warrant, he must notify the substance (main contents) of the warrant to the person who is being arrested.
On demand, show the warrant
If the person being arrested demands to see the warrant, the officer is legally bound to show the actual warrant document.
Purpose of this safeguard
To make sure the person being arrested knows why he is being arrested and under what authority.
To prevent illegal or unauthorized arrests.
To ensure transparency and fairness in the arrest process.
Mandatory rule
Failure to inform the arrested person about the warrant or refusal to show it (when demanded) makes the arrest irregular or unlawful.
Example
Suppose a Magistrate issues a warrant against Mr. X.
When the police officer goes to arrest him, he must say something like:
“You are being arrested under a warrant issued by the Magistrate in case No. XYZ, for the offence of theft.”
If Mr. X asks to see the warrant, the police officer must show him the warrant paper.
Conclusion
Section 75 CrPC protects the rights of an arrested person by making it compulsory for the arresting officer to inform him of the warrant’s contents and show the warrant if demanded. This ensures that arrests are carried out lawfully, transparently, and with accountability.
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