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CHAPTER VI: PROCESSES TO COMPEL APPEARANCES (Section 61- 90), BONUS PART- DO YOU KNOW? The Code of Criminal Procedure, 1973

(1) TOTAL WAYS TO COMPEL A PERSON TO APPEAR IN COURT (under chapter- VI, Code, 1973)

There are 6 ways to compel a person to appear in court-

  • Summon, (A-chapter VI: CrPC)
  • Warrant,  (B-chapter VI: CrPC)
  • Warrant in lieu of summon, (D-chapter VI: CrPC)
  • Proclamation of an absconder, (C-chapter VI: CrPC)
  • Attachment of his property, and(C-chapter VI: CrPC)
  • Bond, with or without sureties to appear before a court on a certain date. (D-chapter VI: CrPC)

(2)WARRANT IN LIEU OF SUMMONS (Section 87 and 89)

A magistrate ought not to issue a warrant, either in lieu of, or in addition to, summons in a summons case unless he has previously recorded the reasons for his so doing.

(3) DIFFERENCE BETWEEN SUMMONS AND WARRANT:

(i)Summons– A summons is a person issued from the office of the court of justice calling upon the person to whom it is directed to attend before a judge or officer of the court.

Warrant- A warrant, on the other hand, is an order to the police or to a certain person directing him to arrest the accused and to produce him before the court.

(ii)Summons– Avoiding of service of summons is punishable under section 172, IPC, 1860 by a sentence of:

  • imprisonment for a term up to 1 month, or
  • with fine up to Rs. 500, or
  • both.

Warrant– Absconding in order to evade the service of a warrant is not so punishable.

(iii)Summons– A summons can be served on a person by means of a substituted service ,i.e. by affixing a duplicate to some conspicuous part of the house in which the person summoned ordinarily resides.

Warrant– A warrant cannot be executed in such a manner.

THIS (FIFTH) PART CONSISTS OF SOME IMPORTANT POINTS FROM THE WHOLE SERIES, FOURTH PART CONSISTS OF WARRANT IN LIEU OF SUMMONS AND WARRANT and BOND FOR APPEARANCE, AS PART-D, IN CODE, THIRD PART CONSISTS OF PROCLAMATION AND ATTACHMENT (section 82-86), AS PART-C IN THE CODE, SECOND PART OF THE SERIES ON CHAPTER 6 OF CODE OF CRIMINAL PROCEDURE, 1973 CONSISTS OF WARRANT OF ARREST, AS PART-B, IN THE CODE and FIRST PART CONSISTS OF SUMMONS, AS PART-A, IN THE CODE, and THIRD PART CONSISTS OF PART-C, OF THE CODE WHICH IS PROCLAMATION AND ATTACHMENT.

CHAPTER VI: PROCESSES TO COMPEL APPEARANCES (Section 61- 90), D- OTHER RULES REGARDING PROCESSES (Section 87- 90) The Code of Criminal Procedure, 1973

INTRODUCTION

To meet the ends of justice, it is critical to produce the accused and other witness or related parties before the court whenever needed.

If the accused is found guilty at the conclusion of the trial, he must be present in person to receive the sentence. Also, his presence is necessary if imprisonment is to be enforced.

There are 6 ways to compel a person to appear in court-

  • Summon, (A-chapter VI: CrPC)
  • Warrant,  (B-chapter VI: CrPC)
  • Warrant in lieu of summon, (D-chapter VI: CrPC)
  • Proclamation of an absconder, (C-chapter VI: CrPC)
  • Attachment of his property, and(C-chapter VI: CrPC)
  • Bond, with or without sureties to appear before a court on a certain date. (D-chapter VI: CrPC)

D- OTHER RULES REGARDING PROCESSES (Section 87- 90)

WARRANT IN LIEU OF SUMMONS (Section 87 and 89)

A court may issue, after recording its reasons in writing, a warrant in lieu of, or in addition to, a summons for the appearance of any person in the following 3 cases:

Case 1: Where the court believes that the person summoned has absconded or will not obey the summons,(sec. 87)

Case 2: Where although the summons is proved to have been served in time, the person summoned has without reasonable cause failed to appear,(sec. 87)

Case 3: On breach of a bond for appearance. (sec. 89)

A magistrate ought not to issue a warrant, either in lieu of, or in addition to, summons in a summons case unless he has previously recorded the reasons for his so doing.

SECTION 87: ISSUE OF WARRANT IN LIEU OF, OR IN ADDITION TO SUMMONS

SITUATION: A court is empowered by this code to issue summons for the appearance of any person.

CONSEQUENCE: The court may issue a warrant of his arrest,

  • after recording its reasons in writing.

Conditions-

  • If, either:
    • before the issue of such summons, or
    • after the issue of the same but before the time fixed for his appearance.
      • court sees reason to believe that he has absconded or will not obey the summons, or
  • If, at such time he fails to appears, and:
    • summons is proved to have been duly served in time to admit of his appearance in accordance therewith, and
    • no reasonable excuse is offered for such failure.

BOND FOR APPEARANCE (Section 88-89)

The last (sixth) method of securing attendance of a person in court is to require him to execute a bond with or without sureties, for his appearance in court.

SECTION 88: POWER TO TAKE BOND FOR APPEARANCE

SITUATION: When, any person for whose appearance or arrest the officer presiding in any court is empowered to issue a summons or warrant, is present in such court.

CONSEQUENCE: such officer may require such person-

  • to execute a bond, (with or without sureties),
  • for his appearance in such court, or any other court.

SECTION 89: ARREST ON BREACH OF BOND FOR APPEARANCE

SITUATION: Any person, who is bound by any bound (taken under this code) to appear before a court does not appear.

CONSEQUENCE: The officer presiding in such court may issue a warrant-

  • warrant, directing that such person be arrested and produced before him.

SUPPLEMENTARY (Section 90)

SECTION 90: PROVISIONS OF THIS CHAPTER GENERALLY APPLICABLE TO SUMMONSES AND WARRANTS OF ARREST

  • The provision contained in this chapter, relating to:
    • a summons and warrant, and
    • their issue, service and execution.

The provisions, shall so far as may be apply to every summons and every warrant of arrest issued under this code.

THIS (FOURTH) PART CONSISTS OF WARRANT IN LIEU OF SUMMONS AND WARRANT and BOND FOR APPEARANCE, AS PART-D, IN CODE, THIRD PART CONSISTS OF PROCLAMATION AND ATTACHMENT (section 82-86), AS PART-C IN THE CODE, SECOND PART OF THE SERIES ON CHAPTER 6 OF CODE OF CRIMINAL PROCEDURE, 1973 CONSISTS OF WARRANT OF ARREST, AS PART-B, IN THE CODE and FIRST PART CONSISTS OF SUMMONS, AS PART-A, IN THE CODE, and THIRD PART CONSISTS OF PART-C, OF THE CODE WHICH IS PROCLAMATION AND ATTACHMENT.