THE COMMISSIONS FOR PROTECTION OF CHILD RIGHTS ACT, 2005

Section 25: Children’s Court

For the purpose of providing speed trial of offences against children or of violation of child rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify at least a Court in the State or specify, for each district, a Court of Session to be a Children’s Court to try the said offences:

Provided that nothing in this section shall apply if –

  • A Court of Session is already specified as a special court; or
  • A special court is already constituted, for such offences under any other law for the time being in force.

Discussion on Proclamation & Attachment Procedure & Impediment

Sec.70 form of warrant of arrest and duration –

  • 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.

  • Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.

Sec. 73. Warrant may be directed to any person: –

  • The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest.
  • Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued, is in, or enters on, any land or other property under his charge.
  • When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless security is taken under section 71.

Sec. 80. Procedure of arrest of person against whom warrant issued:

When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the Court which issued the warrant is within thirty kilometers of the place of arrest or is nearer than the Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 71, be taken before such Magistrate or District Superintendent or Commissioner.

 

 

 

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