Processes to compel the attendance of Accused -Indian Criminal Laws
Different Processes to compel someone to appear are provided by the Indian Code of Criminal Procedure. These procedures are necessary to make sure the criminal justice system runs smoothly.
The Code of Criminal Procedure specifies on the techniques
1. Summon
That the person whose attendance is required typically receives a summons from the court first under the applicable sections of the laws. A summons is a written directive from the court requesting that a party appear before it at a particular location and time. Further action might be taken if the summoned individual does not show up.
A summons must be in writing, carry the issuing officer’s seal (if any), and be signed by that officer or someone authorized in writing. It tells the person summoned to appear before the officer at a specific time and place.
The summons states whether the person is required to give evidence, produce a document, or both. If they are to produce a document, it must be described accurately in the summons.
People can be summoned to produce documents without being asked to give evidence. If summoned for document production, they can send the document instead of appearing personally.
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Form of Summons:
A summons issued by a court must be written in duplicate, signed by the court’s presiding officer or another officer as directed by the High Court. It should also bear the court’s seal.
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How to Serve a Summons:
Summons can be served by a police officer or other public servants based on government rules. Ideally, it should be given directly to the person summoned. If possible, the person should sign a receipt as proof.
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Serving Corporate Bodies and Societies:
Summons to corporations can be delivered to their secretary, local manager, or the chief officer by registered post.
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When Someone Can’t Be Found:
If the person summoned can’t be found, the summons can be left with an adult male in their family living with them.
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Alternative Service:
If the usual methods fail, the serving officer can attach one duplicate of the summons to the person’s residence. The court can then decide if the summons was properly served.
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Service on Government Servants:
Summons for government employees is sent to their office head, who arranges for service. The head’s signature serves as evidence of proper service.
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Serving Summons Outside Local Area:
When a court wants to serve a summons outside its jurisdiction, it usually sends it to a local magistrate where the person summoned resides.
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Proof of Service:
In cases of service outside the local area or when the serving officer isn’t present at the hearing, an affidavit made before a magistrate can be used as evidence, along with a duplicate of the summons, signed by the recipient.
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Service of Summons by Post:
A court issuing a summons to a witness can also send a copy by registered post to the witness’s usual residence or workplace. If the witness acknowledges or if there’s proof they refused delivery, the court can consider the summons served.
It can be used to request a person to appear as a witness, produce documents, or fulfill both of these purposes.
The summon is served on the person either personally, by leaving it at their place of residence, or through registered mail if their address is known. The serving officer records how and when the summon was served and obtains the person’s acknowledgment.
2. Warrant for Arrest
The court may issue a warrant for the person’s arrest if they fail to attend despite being served with a summons. A warrant is a document that the court issues that gives the police or any other person the right to make the arrest and bring the subject into court.
When it comes to Warrant for arrest, it is defined under the Section 72 -83 of Bharatiya Nagarik SurakshaSanhita,_2023 and from Section 70 -81 CRPC while mentions the follows:
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Form and Duration of Arrest Warrant
An arrest warrant issued by a court is a written order signed by the court’s presiding officer and stamped with the court’s seal. It remains in force until it’s canceled by the court or executed.
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Releasing from Custody
When a court issues an arrest warrant, it can also choose to release the person in question from custody if they provide a bond with enough guarantors to ensure their appearance in court.
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Who Executes Arrest Warrants
Typically, arrest warrants are carried out by police officers, but the court issuing the warrant can direct someone else if necessary.
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Arresting People Evading Law
If someone is trying to avoid the law, like an escaped convict or someone accused of a serious crime, the court can issue a warrant for their arrest. The person who receives the warrant must acknowledge it and carry it out when the person in question enters their property.
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Warrant Execution by Police
An arrest warrant issued to a police officer can also be carried out by another officer whose name is mentioned on the warrant.
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Informing the Person
The person executing the arrest warrant must inform the person being arrested about the warrant and, if asked, show it to them.
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Prompt Presentation Before Court
Once a person is arrested, they must be taken to court without unnecessary delays, usually within 24 hours.
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Nationwide Execution
An arrest warrant can be executed anywhere in India.
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Executing Warrants Outside the Local Area
When an arrest warrant needs to be executed outside the court’s local jurisdiction, it can be forwarded to a local authority, like an Executive Magistrate or a police officer, who will endorse it and execute it accordingly.
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Communication and Transfer
When an arrest occurs outside the warrant-issuing court’s jurisdiction, information about the arrest must be provided to the concerned police officer in the district where the person normally resides.
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Procedure for Transfer
The local authority who made the arrest must arrange for the person’s transfer to the court which issued the warrant.
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Release on Bail
If the offense is bailable (meaning the person can be released on bail), the person can be released from custody if they can provide bail as directed. This bail can be taken by the Magistrate or the Sessions Judge.
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Security Under Section 73
This section doesn’t prevent a police officer from taking security as specified in Section 73.
These rules above ensure the proper execution of arrest warrants and the rights of the arrested person. A warrant of arrest is an official written order from a court for the apprehension and detention of a person accused of a crime.It remains in force until canceled by the court or executed, which means the arrest of the accused. Warrants can be directed to police officers or other authorized individuals for execution. If the warrant is to be executed outside the issuing court’s jurisdiction, it’s forwarded to a magistrate or law enforcement officer in the area where the arrest is to take place.
3. Proclamation & Attachment under Section 83 (Cr.PC)
A proclamation under Section 82 may be made by the court proclaiming an individual to be an absconder if the person for whom a warrant has been issued cannot be located. The person is obligated to appear within a certain time frame after the proclamation is published in a way that the court has prescribed. If the person does not show up, their property might be seized.
The court may order the attachment of a person’s property if a warrant has been issued for that person’s arrest. This is done in order to make the subject show up in court. The person against whom the process under the Chapter has been issued will have their personal liberty affected by the process to compel witnesses to appear before the Court in a trial under Chapter VI of the CrPC. These procedures guarantee that those facing criminal charges are brought before the court and that justice is carried out.
The ‘Proclamation and Property Attachment’ from section 84 to 89 Bharatiya Nagarik Suraksha Sanhita,_2023 and from Section 82 to 86 of Cr.PC.
Proclamation for Absconding Individuals
If a court believes that a person, against whom an arrest warrant has been issued, is hiding and the warrant can’t be executed, the court can issue a written proclamation. This proclamation requires the person to appear at a specified place and time, usually at least 30 days from the proclamation’s date.
How the Proclamation Is Published?
Who is Proclaimed Offender ?
If the person doesn’t show up after such a proclamation, and they’re accused of a serious offense, the court can declare them a “proclaimed offender.”
When there can be Property Attachment by Court ?
The court can order the attachment (seizure) of the person’s property (things they own) if they are hiding. This is done to ensure that they appear before the court.
Can there be Quick Attachment, attachment at the time of proclamation ?
How Property Is Attached ?
Depending on the type of property (movable or immovable), it can be seized, managed by a receiver, or have restrictions on its use or delivery. Live animals or perishable items may be sold right away.
What is the Role of a Receiver ?
If a receiver is appointed to manage the property, their responsibilities are similar to those of a receiver in civil court cases.
Seeking Assistance from Other States ?
A police officer of a certain rank can request assistance from another court or authority in another state for the identification, attachment, and forfeiture of the property belonging to a proclaimed person.
- Claims and ReleaseObjecting to Attachment: If someone else claims an interest in the attached property and believes it should not be attached, they can object within six months of the attachment.Inquiry into Claims: The court will look into these claims and decide if they are valid or not.Legal Action: If a claim is rejected, the claimant can file a lawsuit within a year to prove their right to the disputed property.Release of PropertyPerson’s Appearance: If the proclaimed person appears within the specified time mentioned in the proclamation, their property will be released from attachment.Property Sale: If the person doesn’t appear, the property will be at the government’s disposal but won’t be sold for six months or until any objections or claims are resolved. If the property is decaying or it’s in everyone’s best interest, the court can sell it sooner.Return of Property: If, within two years of the attachment, the person appears and can prove they didn’t hide to avoid arrest, the property or its sale proceeds will be given back to them after covering the attachment-related costs.Appealing Decisions: If a person is unhappy with the refusal to release property, they can appeal to the court that usually handles appeals against the decisions of the first court.
When a person evades arrest and cannot be located, the court can issue a proclamation requiring them to appear within a specified time (usually 30 days). The proclamation is publicly read and posted in the person’s hometown, and in some cases, published in a local newspaper. The court’s written statement confirming the proclamation’s publication is considered as evidence. If the accused person does not appear within the specified time, they may be declared a proclaimed offender.
Conclusion
Frequently Asked Questions (FAQs):
Q3. Who can execute a warrant of arrest?
A3. Warrants are executed by police officers or other authorized individuals designated by the court.
Q4. What happens when a person evades arrest?
A4. The court can issue a proclamation, requiring the person to appear within a specified time (usually 30 days) under the threat of being declared a proclaimed offender.
Q5. How is a proclamation published?
A5. Proclamations are publicly read, posted in the person’s hometown, and may be published in a local newspaper. The court’s statement confirming publication serves as evidence.
A7. Yes, property can be quickly attached if there is evidence that someone is attempting to dispose of it to evade the law.
Q8. Who can appeal a property attachment decision?
A8. Any person, other than the proclaimed individual, who believes their interest in the attached property is not liable can appeal the decision within six months of the attachment.
