MODES TO COMPEL APPEARANCE


MODES TO COMPEL APPEARANCE

INTRODUCTION

RELEVANT PROVISIONS
Section 68 to 89 CrPC.
DEFINITION OF PROCESS
Darsby Vs. Dannaby
Process is defined as any means used by court to compel appearance of a defendant before it or a compliance with its demand.
MODES TO COMPEL APPEARANCE
Following are the modes to compel appearance of a person
i-                    Summons
ii-                  Warrant of Arrest
iii-                Proclamation for Person Absconding

SUMMON
I-                    DEFINITION

II-                  FORM OF SUMMONS
The summons issued by a court shall be
i-                    In writing
ii-                  In duplicate
iii-                Signed and sealed by the presiding officer of the court
iv-                It should mention the time and place of the office committed
III-                SUMMONS BY WHOM SERVED
Following persons can serve the summons
i-                    Police Officer
ii-                  By an officer, subject to such rules as the Provincial Govt. may prescribe.
iii-                At the request of complainant or accused, the court may allow  to serve the summons on his own.
IV-               SUMMONS HOW SERVED
Following procedure shall be adopted
A)     PERSONAL SERVICE

B)     SERVICE ON AN INCORPORATED COMPANY OR OTHER BODY

C)     SERVICE WHEN PERSON SUMMONED CANNOT BE FOUND

D)     SERVICE ON GOVT. EMPLOYEE

E)      SERVICE OUT SIDE LOCAL LIMITS

WARRANT OF ARREST
I-                    FORM
The warrant of arrest issued by a court shall be in the following form
i)                    In writing
ii)                  Signed by the presiding officer of the court, or
iii)                In case of bench of magistrate, by any member of such bench
iv)                It must bear the seal of the court

II-                  COURT MAY DIRECT SECURITY TO BE TAKEN
Where the warrant directs the release of the arrested person on furnishing security, the warrant must comply the requirements as under
i)                    Number of sureties
ii)                  The amount in which they and the person for whose arrest the warrant issued are to be respectively bound.
iii)                The time at which he is to attended the court.
III-                WARRANT TO WHOM DIRECTED
The warrants are to be directed to the following persons
i)                    Police Officer
ii)                  If no police officer is immediately available than the court may direct it to any other person or persons.
CONTENTS OF WARRANT
Following are the important contents of the warrant
i)                    Nam of court
ii)                  Name of police officer
iii)                Offence
iv)                Place where offence has committed
v)                  Seal of the court
vi)                Signed by the presiding officer
vii)              Name and Address of the accused
PROCLAMATION FOR PERSON ABSCONDING

I-                    CONTENTS
i-                    Name and address of the absconder
ii-                  Offence in which he is required
iii-                Statement requiring that he must appears before the court
iv-                Specification of place where he has to appear
v-                  Specification of date not less than 30 days from the date of its publication for the appearance of the absconder.
II-                  MANNER OF PUBLICATION
The proclamation shall be published in the following manner
a)      PUBLICLY READ
b)      AFFIXATION AT SOME CONSPICUOUS PART OF HOME
c)      AFFIXATION OF COPY AT THE COURT
III-                WRITTEN STATEMENT OF COURT
A magistrate should make the endorsement or written statement validating the proclamation.
CONCLUSION

2 comments:

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