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    Process To Compel Appearance of Person

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    Sapna Aggarwal
    The document outlines the process for compelling the appearance of persons in court, including the accused and witnesses. It discusses issuing summons, arrest warrants, declaring absconding persons as proclaimed offenders, and attaching their properties. Summonses are issued in writing to compel a person's appearance or production of documents. Arrest warrants provide written authorization for police to arrest a specific person. If a person absconds to avoid arrest, a court may publish a proclamation requiring their appearance and attach their properties if they fail to comply.

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    Process To Compel Appearance of Person

    Uploaded by

    Sapna Aggarwal
    262 views2 pages
    The document outlines the process for compelling the appearance of persons in court, including the accused and witnesses. It discusses issuing summons, arrest warrants, declaring absconding persons as proclaimed offenders, and attaching their properties. Summonses are issued in writing to compel a person's appearance or production of documents. Arrest warrants provide written authorization for police to arrest a specific person. If a person absconds to avoid arrest, a court may publish a proclamation requiring their appearance and attach their properties if they fail to comply.

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    The document outlines the process for compelling the appearance of persons in court, including the accused and witnesses. It discusses issuing summons, arrest warrants, declaring absconding persons as proclaimed offenders, and attaching their properties. Summonses are issued in writing to compel a person's appearance or production of documents. Arrest warrants provide written authorization for police to arrest a specific person. If a person absconds to avoid arrest, a court may publish a proclamation requiring their appearance and attach their properties if they fail to comply.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    262 views2 pages

    Process To Compel Appearance of Person

    Uploaded by

    Sapna Aggarwal
    The document outlines the process for compelling the appearance of persons in court, including the accused and witnesses. It discusses issuing summons, arrest warrants, declaring absconding persons as proclaimed offenders, and attaching their properties. Summonses are issued in writing to compel a person's appearance or production of documents. Arrest warrants provide written authorization for police to arrest a specific person. If a person absconds to avoid arrest, a court may publish a proclamation requiring their appearance and attach their properties if they fail to comply.

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    PROCESS TO COMPEL APPEARANCE OF PERSON

    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 (SECTION 61-69)

     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 (SECTION 70-81)

     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 PERSON AND ATTACHMENT OF PROPERTY


    (SECTION 82-86)

     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 (SECTION 87)

     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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