A very recent legislative enactment is the Bharatiya Nagarik Suraksha Sanhita,2023 (BNSS), which has drastically changed the criminal procedure laws of India, replacing the Code of Criminal Procedure, 1973 (CrPC).
One of the critical areas under the BNSS is the procedures to enforce a person’s appearance in court. Compelling a person’s appearance in court is fundamental for fair trial proceedings and BNSS offers the specific procedures for it.
1. Issuance of summons
Under section 63 of BNSS, summons is the initial procedure under which an appearance before court is guaranteed. Actually, it is a formal order requiring a person to appear before a judge at a specific time and place. Normally, the accused persons, witnesses, or any other party involved in the case are issued with summons for purposes of appearing before court in the event the court considers them necessary for proper conduct of the case. Under BNSS, summons can be served through electronic means such as email or via registered post, such that it is delivered to the concerned individual.
2. Issuance of warrants
In case a person fails to comply with the summons or in case the court feels that the individual is likely to evade appearance, the BNSS makes provision for warrants. There are two kinds of warrants:
- Bailable Warrant: This warrant lets the person post bail in case the person agrees to appear before the court.
- Non-Bailable warrant: When it would be assumed that the person may abscond from the proceedings, a non-bailable warrant is issued by the court. It is a more serious process and the person is produced before the court after the arrest without providing him with any emergency bails.
The BNSS places importance on the use of warrants with restraint, considering that individual rights should be balanced against the need for effective judicial processes.
3. Attachment of property (Section 85 of BNSS)
As a further step to compel appearance, BNSS permits the court to issue orders for the attachment of an individual’s property. If a person fails to respond to both summons and warrants, their property may be seized or attached by law enforcement, essentially freezing their assets until they comply with the court’s orders.
4. Proclamation for absconding persons (section 84 of BNSS)
This section states that if in the opinion of the court, a person against whom a warrant has been issued, has absconded or is concealing himself so that the warrant cannot be executed, then the court can publish a written proclamation mandating such person to appear at a specified place & time. Such specified time cannot be less than 30 days from the date of the issuance of the proclamation.
Conclusion
The BNSS has evolved the compulsion to appear, electronic progress, and procedure clarity. Summons, warrants, attachment of property, and proclamation have been made as a structure by BNSS. Such a structure respects individual rights but enhances judicial authority. Gradual escalation in steps ensures that a person gets a fair opportunity to comply before he or she faces the more serious consequences, which serve the purpose of both law enforcement and the dispensation of justice effectively.
Source
