How Long After Judgement Can A Warrant Be Issued (And Why)?

Exact Answer: Instantly

Under Indian criminal justice policy, while dealing with a crime, the court summons a person related to the case. Sometimes, police may also summon the person on behalf of the court or the government. All the particulars are provided about the person, such as an address, name, phone number, etc. If the person is summoned to the appointed court, they to come to the court on the appointed date and time. Afterward, if necessary, the court orders the designated authorities to do further investigation. Once everything is done the court passes a judgement and issues a document which is called a warrant.

How Long After Judgement Can A Warrant Be Issued?

Warrant cases often include punishable offences, including life imprisonment or death penalties. In the whole process, the summon is issued to a person by one of the following: the Police, a Subject to the Government, an Officer of the esteemed Court or a Public Servant. If the person who is summoned is not available, the summoning letter is given to an adult member of their family, related by blood.

Afterwards, the person is supposed to attend the court they are summoned to. The time and place are specified in the letter sent by the authorities. If the person is unable to attend the court, they have to submit a letter to the authorities in a given time period.

The court may order the police department or the related authorities to do some investigation regarding the case. It is not always necessary, but if the court orders so, the related department has to follow the orders of the court.

Then the court announces its decision, the judgement. According to its judgement, the court issues a document named warrant. If broadly categorized, a warrant could be of two types: Search Warrant and Arrest Warrant. Other than that, a warrant can be bailable and non-bailable, differing in the severity of the crime.

After the judgement, the court issues the warrant against the guilty. The time of the warrant may vary. The court can issue the warrant against the guilty right after its judgement. But, it can be stalled for up to 48 hours. Within this period of 48 hours of judgement, the court issues the warrant.

TimeIssued within
MinimumInstantly
Maximum48 hours

Why Does It Take That Long To Issue Warrant After Judgement?

Even though usually warrant is issued right after judgement, a warrant is different from a judgement. Judgement is the final decision given by the court evaluating whether the accused is guilty or not. Whereas, the warrant is an affidavit issued by the court that gives certain power to the police or related authorities. A warrant has the signature of the magistrate who declares the decision along with the stamp of the respective court.

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As mentioned earlier, there are kinds of warrants. A search warrant gives the freedom to the police or the related authority to search through a place, Arrest warrant gives the freedom to take an individual in custody. And it is upon the court to decide whether a bailable warrant should be issued or a non-bailable warrant should be issued.

After the judgement, the court has a time period of 48 hours to issue the warrant. Although, the court doesn’t need to wait for a certain time to issue the warrant. The warrant can be issued and is issued on the spot most of the time. The time period of 48 hours is given to the court in case of uncertainties.

However, in some cases, the process of issuing a warrant can also be extended further. This happens when the circumstances are not favourable towards issuing a warrant. And in some cases, there is no need for a warrant. At times, the accused is held under the custody of the Police and their punishment is just changed according to the judgement by the court.

Conclusion

The court summons a person in the court. The summoning letter is sent by a policeman, a subject to government, or a public servant. The person has to attend the court on the exact date and time given in the summoning letter. If necessary, the court may ask the police or the authority involved to do the necessary investigation and accordingly, the court passes its judgement. Along with the judgement, the court may issue an affidavit named warrant may be issued. Usually, the warrant is issued instantly, but the court has a time limit of 48 hours to issue the warrant.

References

  1. https://www.emerald.com/insight/content/doi/10.1108/13639510610648520/full/html
  2. https://www.aeaweb.org/articles?id=10.1257/app.1.3.59
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