Tag Archives: Summons V Warrant

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.