What Should You Do If You Have an Arrest Warrant?

Understanding Arrest Warrants

Legal Basis for Arrest Warrants

In India, the issuance of an arrest warrant is governed by the Code of Criminal Procedure (CrPC), 1973. Sections 70 to 81 outline the conditions for issuing warrants and the procedural safeguards in place. An arrest warrant is a legal document issued by a magistrate that authorises law enforcement to apprehend an individual accused of a crime.

When is an Arrest Warrant Issued?

Arrest warrants are typically issued in cases where:

Cognisable Offence: This type of offence allows police to arrest someone without a warrant.

Non-Cognisable Offence: These offences require a warrant for arrest, as per Section 41(2) of the CrPC.

Requirements of an Arrest Warrant

According to the CrPC, a warrant must meet certain criteria:

Specification of Name: It should clearly specify the name of the person to be arrested.

Authority of Issue: The warrant must be issued by a competent authority, usually a judge or magistrate.

Reasonable Grounds: The warrant needs to be based on reasonable grounds that justify the arrest.

Your Rights Upon Arrest

The Indian Constitution protects your rights during an arrest under Article 22(1). This article ensures that:

Informed of Reason: You must be informed of the reason for your arrest at the time of apprehension.

Consultation Rights: You have the right to consult a legal practitioner of your choice.

Steps to Take If an Arrest Warrant is Issued

If you learn that a warrant has been issued against you, it’s essential to act promptly and appropriately. Here are the steps you should consider:

1. Consult an Attorney

Seek Legal Advice: Your first step should be to consult a lawyer with expertise in criminal law. An experienced attorney can provide tailored guidance based on your situation.

Discuss Your Options: Your lawyer will help you evaluate the best course of action. This might involve deciding whether to surrender voluntarily or contest the warrant. Zolvit Services offers legal consultancy to help you understand your options and develop a strategy that suits your needs.

2. Voluntary Surrender

If advised by your attorney, voluntarily surrendering to the authorities can be beneficial. Here’s how to prepare:

Turn Yourself In: Go to the police station where the warrant was issued. It’s advisable to do this with your lawyer or legal representative.

Prepare Documentation: Bring necessary documents related to the warrant, including any correspondence regarding the warrant, identification, and your attorney’s contact information. Zolvit Services can help prepare these documents, ensuring you are ready for your surrender.

3. Contesting the Warrant

If you have valid grounds to challenge the warrant, consider contesting it.

File a Motion to Quash: Your criminal lawyer can assist you in filing a motion to quash or dismiss the warrant in the appropriate court. Zolvit Services can help guide you through this process, ensuring all legal protocols are followed.

Present Evidence: Be prepared to present evidence or legal arguments to support your case for why the warrant should not be enforced.

4. Understand the Arrest Process

If you are arrested under a warrant, law enforcement must follow specific procedures to ensure the legality of the arrest. According to Section 75 of the CrPC, the arresting officer must inform you of the nature of the arrest and provide a copy of the warrant if you request it. Failure to do so could render the arrest unlawful.

How Zolvit Services Can Assist You

Zolvit Services offers a comprehensive range of online legal consultant for individuals facing arrest warrants. Their expert team can provide:

Legal Consultation: Understanding your rights and the implications of the warrant.

Document Preparation: Assisting you in preparing necessary documentation for voluntary surrender or contesting the warrant.

Representation: Providing skilled representation in court if you choose to contest the warrant.

Guidance: Helping you move through the legal system effectively, ensuring that you are fully aware of your rights and options.

Conclusion

Facing an arrest warrant can be intimidating, but understanding the legal framework and your rights can empower you to take the appropriate steps. Always prioritise legal counsel in these circumstances. By consulting with an experienced attorney, you can make informed decisions about how to proceed, whether that involves voluntary surrender or contesting the warrant.