In legal proceedings, ensuring the presence of an accused or a witness in court is essential for the administration of justice. The Code of Criminal Procedure (CrPC) 1898 outlines several methods to compel appearance in court, ensuring that individuals comply with judicial requirements. These measures apply to both criminal and civil cases, depending on the nature of the proceedings.
Methods to Compel Appearance In Court (Section 68 – 88):
When the court orders a person to appear or be brought before the court, it is said that process has been issued. Following are the categories;
- Summons
- Warrants
- Proclamation
- Attachment of Property
Summons:
It is form of process which is issued for appearance of persons or production of documents or articles (things).
Contents:
- Title of the Court
- Place of sitting
- Date of appearance
- Time of appearance
- Offence
- Case Number
- Seal and sign of judge
- Date of issuance
Service shall be effected personally. If summoned person is not available, adult male member of the family shall be served or duplicate copy shall be fixed on the prominent place of his last available address. If the required person is a company or a statutory body, service shall be effected in the head office.
Warrants or Arrest:
It is second form of process. If the person does not appear after being summoned then this coercive method shall be adopted for the attendance of that person. Its is always addressed to the police officer or authorised person to produce the required person before the court.
Contents:
- Title of the court
- Particulars of required person
- Designation of the person who is bound to execute the warrants.
- Offence and case details etc.
- It shall be signed by the Presiding Officer.
Kinds:
Bailable Warrants:
It means required person shall not be arrested but he shall be bound down for appearance. The Court shall pass order pertaining to security bond of reasonable amount.
Non Bailable Warrants:
If the required person does not appear even after the bailable warrants, the court shall direct the police officer to arrest the required person and be produced before the court. Whenever he has been produced, it is discretion of the court to deal with him according to law.
Difference between summons and warrants is that summons shall always be addressed to the required person whereas warrant shall always be addressed to the public servant who is bound to execute it.
Proclamation:
It is the third kind of process to secure the attendance of required person. When the court is satisfied that despite of the warrants the required person is absconding or concealing himself deliberately, the court may publish a written proclamation. Court shall direct the police officer that such proclamation shall be affixed outside the court room, in the concerned police station and on the important conspicuous place of his last available residence.
Court shall direct that the required person may appear within 30 days. If he does not appear within 30 days, court shall declare him as proclaimed person (accused), which means he shall be arrested and produced before the court whenever he is available. Perpetual warrant of arrest shall be issued.
Attachment of Property:
The property of proclaimed offender maybe attached or sold under this chapter. If the accused person appears the property maybe restored. If it has been sold, proceed maybe returned.
Search warrant maybe issued under section 96 CrPC for person or property.
Challenges To Compel Appearance In Court
Despite the legal provisions, several challenges exist in compelling an individual’s court appearance:
- Evasion of Law: Some individuals actively evade authorities to avoid legal consequences.
- Delayed Judicial Processes: Procedural delays can lead to inefficiencies in executing warrants and summons.
- Misuse of Power: Law enforcement agencies may misuse warrants and proclamations for political or personal gains.
Conclusion
The process to compel appearance in court is a crucial aspect of the legal system, ensuring that justice is served effectively. Through summons, warrants, and other legal measures, courts maintain control over proceedings. However, it is essential to implement these mechanisms fairly and efficiently, balancing enforcement with individual rights. Proper oversight and adherence to due process can strengthen the judicial system and prevent misuse of authority.
Read More:
Preventive Measures Under CrPC | A Complete Guide
Understanding Habeas Corpus: A Fundamental Legal Right (حبسِ بے جا)
