Professional Documents
Culture Documents
LAW UNIVERSITY
PROCESS TO COMPEL
APPEARANCE
CRIMINAL LAW-II
4TH Semester
B.A. L.L.B. (Hons.)
ACKNOWLEDGEMENT
Writing a project is one of the most significant academic challenges we have ever faced.
Though this project has been presented by us but there are many people who remained in
veil, who gave their all support and helped us to complete this project.
First of all we am very grateful to our subject teacher Mr. Peter Ladis, without the kind
support of whom and help the completion of the project was a herculean task for us. He
donated his valuable time from his busy time to help us to complete this project and
suggested us from where and how to collect data.
We are very thankful to the librarian who provided us several books on this topic which
proved beneficial in completing this project.
We acknowledge our friends who gave their valuable and meticulous advice which was very
useful and could not be ignored in writing the project..
Shivam Narain
Pragya Yadav
Aparna Arya
Sidharth Shankar
4th Semester
RESEARCH METHODOLOGY
In this project Doctrinal Method as well as Non Doctrinal methods will be used. Doctrinal
Methods refer to Library research, research or processes done upon some texts writings or
Documents, legal propositions and Doctrines, Articles, Books as well as Online Research and
Journals relating to the subject. Non Doctrinal Method refers to non -conservative ways of
research i.e. field work, interviews, questionnaire, interacting with people and getting
answers etc. This project is an intensive one so both methods are needed to arrive at concrete
conclusions
CHAPTERISATION
The research work of the researcher has been divided into four main broad headings which
are as follows –
Introduction
1. CONCEPT OF SUMMON
2. CONCEPT OF WARRANT
3. CONCEPT OF PROCLAMATION FOR PERSON ABSCONDING AND
ATTACHMENT
Conclusion
INTRODUCTION
To meet the ends of justice, it is critical to produce the accused and other witness or related
parties before the court whenever needed. If the accused is found guilty at the conclusion of
the trial, he must be present in person to receive the sentence. Also, his presence is necessary
there is no formal process to bring the required persons before the court. For this reason,
Chapter VI (Sections 61 to 90) of Cr.P.C. provides three ways for compelling the appearance
1. Summons,
2. Warrant
While Summons is an order of the court to the person to appear before it, Warrant is an order
of the court given to a third person to bring the person who is required to be present in the
court, in the court. Which method is to be used in a particular situation depends on the
judicial officer, who is guided by the provisions of this code. The third method is used when
the person has absconded or is in any other way avoiding arrest, in which case the Court may
publish a written proclamation requiring him to appear at a specified place and at a specified
time not less than thirty days from the date of publishing such proclamation.2
The code classifies all criminal cases into summons cases and warrant cases. A case is a
warrant case if the offence is punishable by death, imprisonment for life or imprisonment for
more than two years. A summons case is a case that is not a warrant case. Thus, the basis of
classification is the seriousness of the offence. Since summons case contains a lesser
1
http://hanumant.com/CrPC-Unit2-Summons.html
2
http://devgan.in/criminal_procedure_code/chapter_06.php
sentence, there is less probability of the accused violating the court order. Therefore,
generally, a summons is issued for a summons case and a warrant is issued for a warrant case.
However, when a summons is not productive in making a person appear before the court, the
count may issue a warrant to a police officer or any other person to forcibly produce the
Magistrate. It is used for the purpose of notifying an individual of his legal obligation to
defendant in a legal proceeding. Typically, the summons will announce to the person to
whom it is directed that a legal proceeding has been started against that person, and that a file
has been started in the court records. The summons announces a date and time on which the
A person who is summoned is legally bound to appear before the court on the given date and
time. Willful disobedience is liable to be punished under Section 174 of IPC. It is a ground
for contempt of court. As per Section 61, every summons issued by a Court under this Code
shall be in writing and in duplicate. It must be signed by the presiding officer of the Court or
by such other officer as the High Court may, from time to time, by rule direct. It must also
When a request in appropriate format is made to the court for compelling the appearance for a
person, the court either rejects the request or issues a Summons. As per Section 204, if in the
opinion of the magistrate taking cognizance of the offence, there is sufficient ground for
issue a warrant or a summons as he thinks fit. However, Section 87, empowers a magistrate
to issue a warrant even if the case is a summons case if he has reason to believe that the
summons will be disobeyed. He must record his reasons for this action.
The summons should contain adequate particulars such as the date, time, and place, of the
offence charged. It should also contain the date, time, and place where the summoned person
3
http://www.shareyouressays.com/112889/the-steps-that-may-be-taken-to-compel-a-person-to-appear-
before-a-criminal-court-crpc-1973-india
4
http://lawmcqs.blogspot.in/2011/08/modes-to-compel-appearance.html
is supposed to appear. The standard format of a summons is given in Form 1 of Second
schedule. As per Section 205, a magistrate issuing the summons may permit the accused to
CrPC describes the procedures for serving a summons on various categories of individuals - a
person, a corporate body, a government servant, and a person residing outside the jurisdiction
of the court.
(1) Every summons shall be served by a police officer, or subject to such rules as the State
Government may make in this behalf, by an officer of the Court issuing it or other public
servant.
(2) The summons shall, if practicable, be served personally on the person summoned, by
(3) Every person on whom a summons is so served shall, if so required by the serving officer,
In case of Danatram Karsanal, 1968, it was held that summons should not only be shown
but a copy of it be left, exhibited, delivered, or tendered, to the person summoned. In a case,
where a copy was tendered to the person, it was held that the summon was served.
In E Chathu vs P Gopalan, 1981, it was held that when the person sought to be summoned
is employed abroad, the court can send summons to the concerned embassy official for the
purpose of service since the embassy official is also a public servant. Merely affixing the
summon on a conspicuous part of the house will not amount to service of the summon.
manager or other principle officer of the corporation, or by letter sent by registered post,
addressed to the chief officer of the corporation in India, in which case the service shall be
deemed to have been effected when the letter would arrive in ordinary course of post. In this
5
https://indiankanoon.org/search/?formInput=process%20to%20compel%20appearence
section, "corporation" means an incorporated company or other body corporate and includes a
In the case of Central Bank of India vs Delhi Development Authority, 1981, it was held
that a Branch Manager is a local manager and if he has been served the service shall be
Where the person summoned cannot, by the exercise of due diligence, be found, the
summons may be served by leaving one of the duplicates for him with some adult male
member of his family residing with him, and the person with whom the summons is so left
shall, if so required by the serving officer, sign a receipt therefor on the back of the other
If service cannot by the exercise of due diligence be effected as provided in section 62,
section 63, or section 64, the serving officer shall affix one of the duplicates of the summons
to some conspicuous part of the house or homestead in which the person summoned
ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may
either declare that the summons has been duly served or order fresh service in such manner as
it considers proper.
The service of summons on a witness can also be done by post. As per Section 69 -
(1) Notwithstanding anything contained in the preceding sections of this Chapter, a Court
issuing a summons to a witness may, in addition to and simultaneously with the issue of such
summons, direct a copy of the summons to be served by registered post addressed to the
witness at the place where he ordinarily resides or carries on business or personally works for
gain.
purporting to be made by a postal employee that the witness refused to take delivery of the
6
http://www.wipo.int/wipolex/en/text.jsp?file_id=207834
7
http://www.commonlii.org/bn/legis/cpc7254/
summons has been received, the Court issuing the summons may declare that the summons
TYPES OF SUMMONS
Service by Publication:
If a person cannot be found, some jurisdictions allow service by publication, which typically
involves printing the legal notice in the local newspaper for a specified number of days.
Service of process on a foreign defendant who lives in another country must satisfy all the
service if the party to be served is unavailable. With substituted service, the legal documents
may be left with a third party, such as a spouse or employer. Substituted service can also be
done through the use of certified mail, which provides a mailing receipt and a record of the
delivery. Substituted service usually cannot be utilized unless it is shown that regular service
of process will cause hardship or is impracticable, and that the substituted service will
The actual delivery of the legal documents is done by a non-interested process server, who is
not a party to the litigation. The process server must be an adult, and they usually serve legal
requirements for private process servers. Process servers can also be court or government
8
https://www.researchgate.net/publication/228296844_Law_of_Process_to_Compel_Appearance
CONCEPT OF WARRANT
A warrant of arrest is a written authority given by a competent magistrate for the arrest of a
person. It is a more drastic step than the issue of a summons. It is addressed to a person,
usually a police officer, to apprehend and produce the offender in front of the court.9
9
http://www.lawzonline.com/bareacts/Criminal-procedure-code/Code-of-criminal-procedure.html
Essential Elements of a valid warrant -
1. The warrant must clearly mention the name and other particulars of the person to be
arrested. As per Section 70(1), every warrant of arrest shall be in writing. It must be signed
by the presiding officer of the court and must bear the seal of the court. As per section 70(2),
2. It must show the person to whom the authority to arrest has been given. As per Section 72,
a warrant is normally directed to one or more police officers but, if necessary, the court may
direct it to any other person or persons. Further, section 73 provides that a magistrate may
direct a warrant to any person within his jurisdiction for the arrest of any escaped convict,
evading arrest.
3. It may include a direction that if the person arrested under the warrant executes a bond and
gives security for his attendance in court, he shall be released. Warrant with such a direction
The warrant is an order addressed to a certain person directing him to arrest the accused and
It is executed by a Magistrate on good and legal ground only. Section 70 of the Code gives
the essentials of a warrant of arrest. It lays down that every warrant of arrest issued by a court
shall be in writing, signed by the presiding officer of such court, and shall bear the seal of the
court.
10
https://books.google.co.in/books?
id=qg83MNT4WB4C&pg=PA66&lpg=PA66&dq=process+to+compel+appearance&source=bl&ots=G_Ad1RNggF
&sig=vXvUVejNB8HZgMT4j9UfOgIrnHY&hl=en&sa=X&ved=0ahUKEwi7wu7Nm8HMAhULwY4KHU0kC_sQ6AEIT
TAJ#v=onepage&q=process%20to%20compel%20appearance&f=false
From a reading of the above it is clear that in order to be valid a warrant must fulfil the
following requisites:
(iii) It must bear the name and designation of the police officer or other person who is to
execute it;
(iv) It must give full particulars of the person to be arrested so as to identify him clearly;
Every warrant shall remain in force until it is cancelled by the court which issued it or until it
is executed. A warrant of arrest does not become invalid on the expiry of the date fixed for
Warrants are of two kinds: bailable and non-bailable. Section 71 deals with bailable warrant
and lays down that a warrant may contain a direction of the court that if the person to be
arrested executes a bond with sufficient sureties for his attendance before the court at a
specified time, the serving officer shall take such security and release him from custody. Such
a bailable warrant shall also state the number of sureties, the amount of the bond and the time
A warrant of arrest shall ordinarily be directed to one or more police officers, but the court
issuing such a warrant may, if its immediate execution is necessary and no police officer is
immediately available, direct it to any other person or persons and such person or persons
The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any
person within his local jurisdiction for the arrest of any escaped convict, offender or person
The police officer or other person executing a warrant shall (subject to the provisions of
Section 71 to security) without unnecessary delay bring the person arrested before the court
before which he is required by law to produce such person: provided that such delay shall not
in any case exceed 24 hours exclusive of the time necessary for the journey from the place of
arrest to the Magistrate’s court. A warrant of arrest may be executed at any place in India.
A court may issue a warrant in lieu of or in addition to a summons for the appearance of any
(i) Where the court believes that the person summoned has absconded or will not obey the
summons;
(ii) Where although the summons is proved to have been served in time, the person
summons case unless he has previously recorded the reason for his so doing.
As per section 75, A warrant can be executed by showing the substance of the warrant to the
person being arrest. If required, the warrant must be shown to the person arrested. Section 76
mandates that the person executing the warrant must produce the arrested person before the
magistrate without unnecessary delay and within 24 hours excluding the time taken for travel
As per section 77, a warrant may be executed anywhere in India. Section 78 specifies that if a
warrant is to be executed outside the local jurisdiction of the court issuing it, such court may
12
https://books.google.co.in/books?
id=AK04AAAAIAAJ&pg=PA230&lpg=PA230&dq=process+to+compel+appearance&source=bl&ots=YGkfI-
pURQ&sig=Kl7gjkl2GGXdRHz0-breHfGTERw&hl=en&sa=X&ved=0ahUKEwjztPe-
nsHMAhVVC44KHRCSBFA4ChDoAQgfMAE#v=onepage&q=process%20to%20compel%20appearance&f=false
send it to the Executive Magistrate or District Superintendent of Police or Commissioner of
Police within the local limits of whose jurisdiction it is to be executed instead of directing it
Section 79 specifies the procedure for executing a warrant outside the local jurisdiction of the
(1) When a warrant directed to a police officer is to be executed beyond the local jurisdiction
of the Court issuing the same, he shall ordinarily take it for endorsement either to an
Executive Magistrate or to a police officer not below the rank of an officer in charge of a
police station, within the local limits of whose jurisdiction the warrant is to be executed.
(2) Such Magistrate or police officer shall endorse his name thereon and such endorsement
shall be sufficient authority to the police officer to whom the warrant is directed to execute
the same, and the local police shall, if so required, assist such officer in executing such
warrant.
(3)Whenever there is reason to believe that the delay occasioned by obtaining the
endorsement of the Magistrate or police officer within whose local jurisdiction the warrant is
to be executed will prevent such execution, the police officer to whom it is directed may
execute the same without such endorsement in any place beyond the local jurisdiction of the
As per Section 87 a court may issue a warrant even in a case in which it is empowered only to
issue a summons. A court can issue a warrant either before issuing a summons or even after
issuing a summons. It may do so if it has reason to believe that the person has absconded or
that the person will not obey the summons. Further, a court may issue a warrant if the
summons was duly served and still the person fails to appear before it at the required date and
time without any reasonable excuse. The court must record its reasons to do so.13
It must be noted that Section 204 empowers the court to issue a summons even for a warrants
case if it believes that a summons is sufficient to enforce the appearance of the person before
it, while Section 87 empowers the court to issue a warrant even in a summons cases, if
reasonable causes exist. In general, a warrant ought not to be issued where a summons can
serve the purpose and care should be exercised by the court to satisfy itself that upon the
materials present before it, it was necessary to issue a warrant. In Anoop Singh vs Cheelu
AIR 1957, it was held that this applies to an accused as well as a witness. But where the court
has no power to issue a summons, it cannot issue a warrant under this section. In P K Baidya
vs Chaya Rani AIR 1995, it was held that when a witness avoids his appearance in spite of
the summons being appropriately served, court can take steps for securing his presence under
this section.
(1) When an offender has been sentenced to pay a fine, the Court passing the sentence may
take action for the recovery of the fine in either or both of the following ways, that is to say, it
may,-
(a) issue a warrant for the levy of the amount by attachment and sale of any movable property
(b) issue a warrant to the Collector of the district, authorizing him to realize the amount as
arrears of land revenue from the movable or immovable property, or both, of the defaulter:
13
https://books.google.co.in/books?
id=lXpjAAAAcAAJ&pg=PA14&lpg=PA14&dq=process+to+compel+appearance&source=bl&ots=zngwY_cGt0&sig
=7zYBMfg7I8Vs01HgPueKSjVGDLc&hl=en&sa=X&ved=0ahUKEwjztPe-
nsHMAhVVC44KHRCSBFA4ChDoAQgiMAI#v=onepage&q=process%20to%20compel%20appearance&f=false
Provided that, if the sentence directs that in default of payment of the fine, the offender shall
be imprisoned, and if such offender has undergone the whole of such imprisonment in
default, no Court shall issue such warrant unless, for special reasons to be recorded in
writing, it considers it necessary so to do, or unless, it has made an order for the payment of
(2) The State Government may make rules regulating the manner in which warrants under
Clause (a) of sub-section (1) are to be executed, and for the summary determination of any
claims made by any person other than the offender in respect of any property attached in
(3) Where the Court issues a warrant to the Collector under Clause (b) of sub-section (1), the
Collector shall realize the amount in accordance with the law relating to recovery of arrears
of land revenue, as if such warrant were a certificate issued under such law.14
a proclamation and attachment. If a court has reasons to believe that any person against
whom a warrant has been issued by it has absconded or is concealing himself so that such
14
https://books.google.co.in/books?
id=WvBiAAAAcAAJ&pg=PA61&lpg=PA61&dq=process+to+compel+appearance&source=bl&ots=2VuXnf3w6u&
sig=-JnL4VkVY8TulD5IigDAt5CvyV8&hl=en&sa=X&ved=0ahUKEwjztPe-
nsHMAhVVC44KHRCSBFA4ChDoAQgkMAM#v=onepage&q=process%20to%20compel%20appearance&f=false
warrant cannot be executed, such court may publish a written proclamation requiring him to
appear at a specified place and time not less than thirty days from the date of publishing such
proclamation.
(i) by publicly reading in some conspicuous place of the town or village in which such person
ordinarily resides,
(ii) by affixing it to some conspicuous part of the house or homestead in which such person
(iii) by affixing a copy thereof to some conspicuous part of the court-house. The court may
also, if it thinks fit, direct a copy of the proclamation to be published in daily newspaper
Before the issue of a proclamation the Magistrate should be satisfied that the accused was
absconding or concealing himself for the purpose of avoiding the service of a warrant. The
proclamation also should direct appearance of the person concerned within thirty days, and if
the date fixed for the appearance is less than thirty days, it is illegal.
The court issuing a proclamation may for reasons to be recorded in writing at any time order
the attachment of any property, movable or immovable, or both, belonging to the proclaimed
person. There may even be a simultaneous order of attachment along with the order of
proclamation.
If the court is satisfied that the person in relation to whom the proclamation is issued is about
to dispose of the whole or any part of his property or is about to remove the whole or any part
15
https://books.google.co.in/books?
id=GP42AQAAMAAJ&pg=PA268&lpg=PA268&dq=process+to+compel+appearance&source=bl&ots=hXYdjP-
i7n&sig=mJzW8ihvdvyFa_1zg1SS2_ebN2g&hl=en&sa=X&ved=0ahUKEwjztPe-
nsHMAhVVC44KHRCSBFA4ChDoAQgmMAQ#v=onepage&q=process%20to%20compel%20appearance&f=false
of his property from the local jurisdiction of the court. Since the object of attachment is to
enforce the appearance of the absconder, the attachment usually accompanies the
proclamation.
If the property ordered to be attached is a debt or other movable property, the attachment may
writing prohibiting the delivery of such property to the proclaimed person or to anyone on his
behalf; or (iv) by all or any two of such methods, as the court thinks fit.
If the property ordered to be attached is immovable, the attachment shall, in the case of land
paying revenue to the State Government, be made through the Collector of the district in
If the immovable property is not the land paying revenue to the State Government, the
attachment shall be: (i) by taking possession; or (ii) by the appointment of a receiver; or (iii)
proclaimed person or to anyone on his behalf, or by all or any two of such methods, as the
If the property to be attached consists of livestock or is of a perishable nature, the court may
Any person other than the proclaimed person may prefer a claim or make an objection to the
attachment of property within six months from the date of attachment on the ground that the
claimant or objector has an interest in the attached property and that such interest is not liable
to attachment.
Every such claim or objection shall be inquired into by the court in which it is preferred and
may be allowed or disallowed. If the claim or objection is disallowed in whole or in part, the
claimant or objector may within a period of one year institute a suit to establish his right in
respect of the property in dispute, but subject to the result of such suit, if any, the order of the
If the proclaimed person appears within the time specified in the proclamation, the court shall
make an order releasing the property from attachment. If, however, he does not appear within
such specified time, the property under attachment shall be at the disposal of the State
Government and shall not be sold before six months from the date of the attachment and until
the disposal of any claim or objection made by a person other than the proclaimed offender.
But if the property is subject to speedy and natural decay or if the court considers that the sale
would be for the benefit of the owner, the court may cause it to be sold whenever it thinks fit.
If the proclaimed person appears within two years from the date of the attachment and
satisfies the court that he did not abscond or conceal himself for the purpose of avoiding
execution of the warrant and that he had no notice of the proclamation, the property or net
proceeds of the sale after deducting the cost of the attachment shall be delivered to him.
CONCLUSION
While Summons is an order of the court to the person to appear before it, Warrant is an order
of the court given to a third person to bring the person who is required to be present in the
court, in the court. Which method is to be used in a particular situation depends on the
judicial officer, who is guided by the provisions of this code. The third method is used when
the person has absconded or is in any other way avoiding arrest, in which case the Court may
publish a written proclamation requiring him to appear at a specified place and at a specified
time not less than thirty days from the date of publishing such proclamation.
Magistrate. It is used for the purpose of notifying an individual of his legal obligation to
defendant in a legal proceeding. Typically, the summons will announce to the person to
whom it is directed that a legal proceeding has been started against that person, and that a file
has been started in the court records. The summons announces a date and time on which the
A warrant of arrest is a written authority given by a competent magistrate for the arrest of a
person. It is a more drastic step than the issue of a summons. It is addressed to a person,
usually a police officer, to apprehend and produce the offender in front of the court.
If a court has reasons to believe that any person against whom a warrant has been issued by it
has absconded or is concealing himself so that such warrant cannot be executed, such court
may publish a written proclamation requiring him to appear at a specified place and time not
less than thirty days from the date of publishing such proclamation.
BIBLIOGRAPHY