Section 70 CrPC: Form of warrant of arrest and duration

Code of Criminal Procedure, 1973

Section 70 CrPC at a Glance

Section 70 CrPC deals with form of warrant of arrest and duration. From 1 July 2024 it is replaced by Section 72 BNSS.

What Section 70 CrPC Says

70. Form of warrant of arrest and duration

(1) Every warrant of arrest issued by a Court under this Code 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.

Source: Section 70, Code of Criminal Procedure, 1973

Section 70 CrPC in Simple Words

Section 70 of the Code of Criminal Procedure, 1973 deals with the form and duration of a warrant of arrest.

Every warrant of arrest issued by a Court under the Code shall be in writing, signed by the presiding officer of the Court and shall bear the seal of the Court.

Under Section 70(2) CrPC, every such warrant is in force until it is cancelled by the Court which issued it, or until it is executed.

When Section 70 CrPC Applies

  • Section 70(1) CrPC applies to every warrant of arrest issued by a Court under the Code.
  • The warrant shall be in writing, signed by the presiding officer of the Court and shall bear the seal of the Court.

Time Limits Under Section 70 CrPC

  • Under Section 70(2) CrPC, a warrant is in force until it is cancelled by the Court which issued it, or until it is executed.Act text: โ€œuntil it is cancelled by the Court which issued it, or until it is executedโ€

Example of Section 70 CrPC

A Court issues a warrant of arrest for Imran. Under Section 70(1) CrPC, the warrant is in writing, is signed by the presiding officer of the Court and bears the seal of the Court. Under Section 70(2) CrPC, the warrant is in force until the Court which issued it cancels it, or until it is executed.

When Section 70 CrPC Does Not Apply

  • Section 70(1) CrPC speaks of a warrant of arrest issued by a Court. It does not deal with the person to whom the warrant is directed, which Section 72 CrPC deals with.

Section 70 CrPC Under BNSS 72: What Changed

Section 70 CrPC is now covered under Section 72 BNSS.

Section 72 BNSS has the same heading and the same text as Section 70 CrPC. Section 72(1) BNSS reads this Sanhita where Section 70(1) CrPC read this Code.

View detailed comparison (CrPC 70 vs BNSS 72) โ†’

FAQs on Section 70 CrPC

What form must a warrant of arrest take under Section 70 CrPC?โ–ผ

Every warrant of arrest issued by a Court shall be in writing, signed by the presiding officer of the Court and shall bear the seal of the Court.

Who signs a warrant of arrest under Section 70 CrPC?โ–ผ

The presiding officer of the Court which issued the warrant signs it.

Until when is a warrant of arrest in force under Section 70 CrPC?โ–ผ

Under Section 70(2) CrPC, every such warrant is in force until it is cancelled by the Court which issued it, or until it is executed.

Where is Section 70 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?โ–ผ

Section 70(1) CrPC is found in Section 72(1) BNSS and Section 70(2) CrPC in Section 72(2) BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

Have questions about Section 70 CrPC?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru โ†’

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 ยท Last updated: 22 Oct 2026 ยท