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