PROCESSES TO COMPEL APPEARANCE (SECTION 61-90)

PROCESSES TO COMPEL APPEARANCE (SECTION 61-90)

Under Chapter 4 of the Criminal Procedure Code, various processes are outlined to compel the appearance of accused individuals and witnesses in court. This chapter plays a vital role in ensuring a fair and just legal system. Let’s delve into the details of these processes:

1. SUMMONS (SECTION 61-69)

A summons serves as an authoritative call to the accused to appear in court and answer charges of an offense. Key points regarding summons include:

• Form and Service – Summons must be signed and sealed, and if possible, served personally to the accused. It can also be served to secure the attendance of witnesses.
• Witness Summons – A copy of the summons can be served to witnesses at their place of residence or business.
• Substituted Service – If summons cannot be served directly to the accused, Section 62 allows for substituted service, as specified in Section 64 and 65.

2. WARRANT (SECTION 70-81)

A warrant of arrest is a powerful method to secure the attendance of the accused. Key points regarding warrants include:

• Issuance – Warrants can be issued in warrant cases under Section 204 or when the accused fails to appear in court without a valid reason (Section 87).
• Execution – Sections 70 to 81 outline the form and manner of executing warrants, both within and outside India.
• Bailable Warrants – Section 71 allows for the issuance of bailable warrants if the accused can provide security for their appearance, in which case, they will not be immediately arrested or detained.

3. PROCLAMATION AND ATTACHMENT (SECTION 82-86)

When the court has reason to believe that the accused is absconding or evading arrest, it may resort to proclamation and attachment. Key points regarding proclamation and attachment include:

• Proclamation – Section 82 empowers the court to issue a proclamation requiring the accused to appear within 30 days. Proclaimed offenders can be declared under Section 82(4).
• Attachment – Section 83 allows the court to order the attachment of movable or immovable property belonging to the offender after the issuance of a proclamation.
• Attachment with Proclamation – If the court believes that attaching the accused’s property along with the proclamation is necessary, it can do so, with the possibility of property restoration under Section 85. Failure to appear may lead to property sale within six months from the date of attachment.

In conclusion, the Criminal Procedure Code provides a comprehensive framework for compelling the appearance of accused individuals and witnesses in court. These processes, including summoning, warrants, and, when necessary, coercive measures, are essential for upholding justice and the rule of law in the legal system.

Reference:-

1-https://indianexpress.com/article/citieshttps://indianexpress.com/article/cities/chandigarh/punjab-and-haryana-hc-issues-guidelines-for-declaring-a-person-as-proclaimed-offender-8953204/lite//chandigarh/punjab-and-haryana-hc-issues-guidelines-for-declaring-a-person-as-proclaimed-offender-8953204/lite/ – THE INDIAN EXPRESS 

2-https://economictimes.indiatimes.com/topic/ed-summons -THE ECONOMIC TIMES

3-https://m.timesofindia.com/city/gurgaon/ed-money-laundering-case-warrant-against-cong-mla-two-sons/amp_articleshow/104078087.cms -THE TIMES OF INDIA

4-https://m.timesofindia.com/topic/witness-summons -THE TIMES OF INDIA