Process to Compel Appearance of Person under CrPC -

In the Code of Criminal Procedure (CrPC) in India, there are legal provisions that empower the court to compel the appearance of a person who is required to attend court proceedings but refuses to do so. The process to compel the appearance of such individuals typically involves the issuance of a summons or a warrant. Here’s an overview of the process to compel the appearance of a person under the CrPC:

Summons (Section 61 CrPC):

When a person is required to appear before a court as a witness, accused, or in any other capacity, the court may issue a summons. A summons is a formal order from the court requiring the person to appear at a specified date and time.
The person summoned is generally expected to appear voluntarily as per the summons, and this is the least coercive measure.

Warrant of Arrest (Section 70 CrPC):

If the person who has been summoned does not appear in response to the summons, or if the court has reasons to believe that the person will not appear voluntarily, the court may issue a warrant of arrest.
A warrant of arrest is a more coercive measure and authorizes the police to arrest the person and produce them before the court.

Execution of the Warrant (Section 75 CrPC):

Once a warrant is issued, it is sent to the police for execution. The police have the authority to arrest the person named in the warrant and produce them before the court.
The police must execute the warrant promptly, and the person arrested must be informed of the reasons for their arrest and the contents of the warrant.

Bailable and Non-Bailable Warrants:

Warrants issued under the CrPC can be bailable or non-bailable. If a warrant is bailable, the person arrested can be released on bail, subject to the discretion of the court.
Non-bailable warrants require the person to be arrested and produced before the court, but bail may not be granted as a matter of right.

Attachment of Property (Section 83 CrPC):

If a person is evading arrest, and their location is unknown, the court may order the attachment of their property to compel their appearance.
The attachment of property is a measure to ensure that the person appears before the court to avoid the loss of their property.

How Summons & Warrant served?

In the Indian legal system, there are various modes of issuing summons and warrants under the Code of Criminal Procedure (CrPC) to compel the appearance of individuals in court. These modes are used based on the circumstances of the case and the nature of the proceedings. Here are the common modes of summons and warrants:

Modes of Summons

Ordinary Summons (Section 61 CrPC): An ordinary summons is a simple written order from the court requiring the person to attend court proceedings. It is generally used for ordinary witnesses and accused persons. The person summoned is expected to appear in court voluntarily.
Bailable Summons (Section 206 CrPC): In cases where the court believes that a witness may not appear voluntarily, it can issue a bailable summons, which is accompanied by a direction to furnish bail security. The person summoned is required to execute a bond with or without sureties, ensuring their appearance in court.
Summon to an Accused (Section 204 CrPC): When a person is accused of an offense and is not already in custody, the court may issue a summon instead of a warrant if it believes that the accused is not likely to abscond. This is a non-coercive method used to inform the accused about the charges and the need to appear in court.

Modes of Warrants

Bailable Warrant (Section 70 CrPC): A bailable warrant is issued when the court directs the person named in the warrant to furnish bail security before being released. The person arrested under a bailable warrant can secure their release by executing a bond with or without sureties.
Non-Bailable Warrant (Section 70 CrPC): A non-bailable warrant is issued when the person named in the warrant is to be arrested and produced before the court. In the case of non-bailable warrants, bail may not be granted as a matter of right, and the accused person may have to apply for bail separately.
Proclamation and Attachment (Sections 82 and 83 CrPC): If a person is evading arrest, the court may issue a proclamation requiring the individual to appear within a specified period. If the person does not appear, the court can order the attachment of the person’s property, including movable and immovable assets.
Open Warrant (Section 75 CrPC): An open warrant is issued when the person to be arrested is not identified, or their location is unknown. The police are directed to execute the warrant against any person fitting the description and produce them before the court.

Guideliness for Issuing Warrant of Arrest

Issuing a warrant of arrest is a serious step in the legal process, and it should be done in accordance with established guidelines and legal provisions to ensure that the rights of individuals are protected. In India, as per the Code of Criminal Procedure (CrPC), there are specific guidelines for issuing warrants of arrest. Here are the key guidelines for issuing a warrant of arrest:

Reasonable Grounds: The court must have reasonable grounds to believe that the person against whom the warrant is issued has committed an offense. The issuance of a warrant is not arbitrary and should be based on credible information or evidence.
Nature of the Offense: The seriousness of the offense is a factor in determining whether to issue a warrant. For non-bailable offenses (offenses for which bail may not be granted as a matter of right), courts are more likely to issue warrants.
Non-Appearance: The court may issue a warrant if the accused or witness fails to appear in court as required, despite proper summons, or if there is a concern that they may evade appearance.
Bailable or Non-Bailable Warrant: The court must decide whether a bailable or non-bailable warrant is appropriate. In some cases, the accused person may be arrested and released on bail, while in others, they may be arrested and held in custody.
Safeguards for Accused: The issuance of a warrant should be in accordance with the principles of natural justice. The accused should have an opportunity to be heard, and the court should be satisfied that the warrant is necessary in the interest of justice.
Recording Reasons: The court should record the reasons for issuing the warrant in writing. These reasons should be specific and not based on conjecture or speculation.
Magisterial Discretion: The magistrate has the discretion to issue a warrant based on the specific facts and circumstances of the case. This discretion should be exercised judiciously.
Rights of the Accused: The rights of the accused, such as the right to legal counsel and the right to a fair trial, should be upheld throughout the process. The accused person should also be informed of the charges and the reasons for their arrest.
Immediate Execution: If a warrant is issued, it should be executed promptly by the police. The person arrested under the warrant must be informed of the grounds of arrest and their rights.
Judicial Oversight: In case of any irregularity or abuse of the process, individuals have the right to seek legal remedies, including challenging the issuance of the warrant before higher courts.

Suresh Chand Jain v. State of Madhya Pradesh (2001) 8 SCC 661:

This case highlighted the importance of recording reasons for the issuance of arrest warrants and ensuring that they are not issued in a routine or mechanical manner.

S. R. Sukumar v. S. Sunaad Raghuram (2015) 9 SCC 609:

This case dealt with the issuance of non-bailable warrants and discussed the principles that should be considered when deciding whether to issue non-bailable warrants

To whom Warrant of Arrest directed Section 72

Section 72 of the Code of Criminal Procedure (CrPC) in India deals with the direction of a warrant of arrest. According to Section 72, a warrant of arrest can be directed to one or more police officers or other persons, and it authorizes them to execute the warrant. The section specifies the following:

Police Officers: In most cases, warrants of arrest are directed to police officers. The police officer who receives the warrant is responsible for executing it by arresting the person named in the warrant and producing them before the court.
Other Persons: In certain situations, a warrant may be directed to other persons who are not police officers, such as private individuals or court officials. This typically occurs when a private person is authorized by law to make an arrest. For example, a court may direct a warrant to a bailiff or a specific individual responsible for executing the warrant.

Proclamation of the Person Absconding (Section 82)

Section 82 of the Code of Criminal Procedure (CrPC) in India deals with the proclamation for a person absconding. This provision is used when an individual against whom a warrant of arrest has been issued by a court is deliberately evading arrest or has gone into hiding. The purpose of issuing a proclamation is to give the person an opportunity to surrender and face the legal proceedings. Here are the key aspects of Section 82 of the CrPC:

Initial Warrant: Before a proclamation can be issued, a court must have already issued a warrant for the arrest of the person. The warrant can be either bailable or non-bailable, depending on the nature of the offense.
Absconding Person: Section 82 comes into play when the person against whom the warrant has been issued is “absconding,” which means that they are intentionally evading arrest or are not easily traceable.
Proclamation: The court, if satisfied that the person is absconding, may issue a proclamation requiring the person to appear at a specific place and at a specific time. The proclamation is published publicly, typically by affixing it at the relevant court and other public places, as well as by other appropriate means.
Notice to Appear: The proclamation should also include a notice requiring the person to appear within 30 days from the date of proclamation. If the person surrenders within this period, the court may cancel the warrant and proceed with the legal process.
Attachment of Property: If the person does not appear within the specified period, the court may proceed to attach their property. The property, both movable and immovable, can be attached to compel the person’s appearance.
Continued Proceedings: Proclamation is not a substitute for the legal process. The court proceedings will continue, and if the person eventually appears, they will have to face the charges against them. Surrendering within the stipulated time period may also affect the consideration of bail.

Proclaimed Offender Section 82(4) CrPC

A proclaimed offender, also known as a “PO,” is an individual who has been declared as an offender by a court of law in India. The declaration of an individual as a proclaimed offender is made under specific provisions of the Code of Criminal Procedure (CrPC) when the person against whom a warrant of arrest has been issued deliberately evades arrest or is in hiding. The declaration is a legal process that allows the court to proceed with the legal case in the absence of the accused. Here are the key aspects of a proclaimed offender:

Declaration of Proclaimed Offender:

Issuance of Warrant: Before an individual can be declared a proclaimed offender, the court must issue a warrant of arrest against that person. The warrant can be either bailable or non-bailable, depending on the nature of the offense.
Absconding Person: A person can be declared a proclaimed offender if they are deliberately evading arrest, have gone into hiding, or are not easily traceable.
Proclamation: If the court is satisfied that the person is absconding, it may issue a proclamation under Section 82 of the CrPC. The proclamation is published publicly, typically by affixing it at the relevant court and other public places, as well as by other appropriate means.
Notice to Appear: The proclamation includes a notice requiring the person to appear within 30 days from the date of proclamation. If the person does not appear within this period, they may be declared a proclaimed offender.

Consequences of Being Declared a Proclaimed Offender:

Legal Status: Once declared a proclaimed offender, the person is considered an offender in the eyes of the law. This means they are subject to legal consequences even if they are not physically present in court.
Attachment of Property: The court may proceed to attach the movable and immovable property of the proclaimed offender as a means to compel their appearance.
Continuation of Legal Proceedings: The legal proceedings against the proclaimed offender continue in their absence. If the person eventually appears, they will have to face the charges against them.
Aiding and Abetting: Anyone who aids or abets the proclaimed offender in evading arrest may also face legal consequences.
Surrender or Arrest: The proclaimed offender has the option to surrender before the court at any time. Upon surrender, the court may take appropriate action based on the circumstances, which may include revoking the proclamation and proceeding with the case.

Attachment of Property of the Absconder section 83 CrPC

Section 83 of the Code of Criminal Procedure (CrPC) in India deals with the attachment of property of a person who is declared as a proclaimed offender or absconder. When a person against whom a warrant of arrest has been issued evades arrest and is declared a proclaimed offender, Section 83 of the CrPC allows for the attachment of the person’s property to compel their appearance before the court. Here are the key aspects of Section 83:

Declaration as Proclaimed Offender: Before property attachment under Section 83 can occur, the person must first be declared as a proclaimed offender. This declaration is typically made when the person against whom the warrant has been issued deliberately evades arrest and does not appear before the court despite a proclamation issued under Section 82.
Authority to Attach Property: Section 83 empowers the court to order the attachment of the property, both movable and immovable, of the proclaimed offender. This includes any property owned or controlled by the person.
Purpose of Attachment: The primary purpose of attaching the property is to compel the person to surrender and appear before the court. The attachment serves as a means to pressure the proclaimed offender to face the legal proceedings.
Notice to Proclaimed Offender: Before attaching the property, the court must serve a notice to the proclaimed offender, informing them of the court’s intention to attach their property. This notice provides an opportunity for the person to appear and avoid the attachment of their property.
Appearing to Claim Property: The proclaimed offender has the option to appear before the court and claim their property. If they do so, the court may consider their request and may release the attached property.
Continuation of Legal Proceedings: Attachment of property does not absolve the proclaimed offender of the legal charges against them. The legal proceedings against the person continue, and they are expected to face the charges in court.
Protection of Rights: While attaching the property, the court is expected to adhere to legal procedures and safeguard the rights of the proclaimed offender. The person retains the right to legal representation and a fair trial.

Claims & Objections under Section 84 CrPC

Provision of Section 84 CrPC	Explanation
Attachment of Property under Proclamation	Section 84 empowers the court to order the attachment and sale of any property of the person against whom a proclamation has been issued under Section 82 of the CrPC. This includes both movable and immovable property.
Purpose of Attachment	The primary purpose of attaching the property is to compel the person who is absconding (proclaimed offender) to appear before the court and face the legal proceedings. The attachment serves as a means to pressure the proclaimed offender to surrender.
Notice to the Proclaimed Offender	Before attaching the property, the court must issue a notice to the proclaimed offender, informing them of the court’s intention to attach their property. This notice provides an opportunity for the person to appear and claim their property.
Opportunity to Claim Property	The proclaimed offender has the option to appear before the court and claim their property. If they do so, the court may consider their request, and the attached property may be released.
Continuation of Legal Proceedings	Attachment of property does not absolve the proclaimed offender of the legal charges against them. The legal proceedings continue, and the person is expected to face the charges in court.
Protection of Rights	While attaching and selling the property, the court is expected to adhere to legal procedures and safeguard the rights of the proclaimed offender. The person retains the right to legal representation and a fair trial.
Sale of Property	Section 84 also allows the court to order the sale of the attached property if the proclaimed offender does not appear or if they do not claim the property within a specified period. The proceeds from the sale can be used to satisfy any legal dues or fines.

Process to Compel Appearance of Person under CrPC