Under the Code of Criminal Procedure (CrPC), 1973, the process to compel the appearance of a person (accused, witness, or any other individual) involves legal mechanisms to ensure their presence before the court or investigative authorities. These processes are governed by Sections 61–90 of the CrPC and include the following:
1. Summons (Sections 61–69)
- A summons is an order issued by a court to a person to appear before it at a specific time and place.
- Key Points:
- Format: It must be in writing, signed by the presiding officer of the court, and bear the court’s seal.
- Service: Delivered personally to the person, or if they are not found, it can be left with an adult member of their family or affixed at their residence.
- Compliance: The person is legally bound to appear.
2. Warrant of Arrest (Sections 70–81)
- If a person fails to comply with a summons, the court may issue a warrant of arrest.
- Types of Warrants:
- Bailable Warrant: Allows the person to furnish bail to avoid custody.
- Non-Bailable Warrant: Leads to immediate arrest and production before the court.
- Execution: Warrants are executed by police officers or other authorized individuals.
3. Proclamation and Attachment (Sections 82–86)
- If a person absconds or avoids arrest, the court may declare them a proclaimed offender.
- Proclamation: Published in a conspicuous location or widely publicized, giving the person a specific period (not less than 30 days) to appear.
- Attachment of Property: The court may order the attachment of the absconder’s property as a coercive measure.
4. Bond and Surety (Section 88)
- The court can order a person present in court to execute a bond with or without sureties to ensure future appearances.
5. Processes to Compel Appearance of Witnesses (Sections 160–165, 311)
- Investigating officers or the court may issue summons to witnesses.
- If witnesses fail to appear, warrants or other coercive actions may be taken.
6. Section 174 (Non-Appearance Consequences)
- Non-compliance with court orders, such as summons or warrants, can lead to legal penalties, including fines and arrest.
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