[Notes] Process to Compel appearance of persons [Sec 61-90 CrPC]


Law Notes at LAWMAN

The procedure is laid down in CrPC to compel the attendance of the persons including the accused and witnesses by issuing of summons, arrest warrant or in case of absconding, declaring such person as proclaimed offender and attaching his properties.

Summons and How to serve: 
Summons are issued for the purpose of appearance or for production of document or thing. Every summon issued by a court shall be in writing, in duplicate, signed by the presiding officer of the court and shall bear the seal of the court. Every summon should be served by a police officer personally on the person summoned by delivering a copy of summons after taking a signature on the duplicate copy, when a person summoned is not present such summons may be served on some adult member of the family. In case of a corporate body it may be served to the secretary, local manager or to the principal officer of the corporation. In case the above mentioned persons are not available for serving of summons the copy of the summon shall be affixed to the out door of the house in which the person summoned ordinarily resides. Where the person is summoned is a government servant summons could be served through his employer. 
Warrant of arrest and How to Issue: 
An arrest warrant is a written order issued by a judge or other proper judicial officer, upon probable cause, directing the police to arrest a particular person. Where a person has been concerned in a non-cognizable offence he cannot (except in certain cases) be arrested without a warrant. Every warrant of arrest issued by a court should be in writing and must contain the signature of the preceding officer, name of the person who is to execute, name of the person to be arrested and seal of the court. Every warrant shall remain in force until it is cancelled by the court or until it is executed. Court may in its discretion make an endorsement on warrant for the release of the person after executing a bond with sufficient sureties. Every warrant issued by any Magistrate in India may be executed in any place in India or it may be forwarded for execution outside its jurisdiction to any Executive Magistrate or District superintendent of police or Commissioner of police within the local limits of whose jurisdiction it is to be executed. 
Proclamation of Offender and the attachment of properties: 
Where a person against whom a warrant has been issued has been absconding or is concealing himself so that such warrant cannot be executed, court may be publish a written notice requiring him to appear at specified place and at specified time not less than 30 days from the date of publishing such proclamation. After issuing of such proclamation if he fails to comply and has been avoiding his arrest the court may issue an order for the attachment of the properties of the person absconding. The purpose and the object are to compel the appearance of the person. 
Warrant in lieu of summons: 
when any person who is bound by any bond to appear before the court, does not appear, the presiding officer may issue a warrant directing that such person be arrested and produced before him.

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