How to Bring the Accused before the Court - Summons/Warrants - Judicial Workouts Saga

There are two ways in which the Court can compel an accused to appear :-

A) Summons (sec. 2(w))
B) Warrant (sec. 2 (X))

After the prosecution/complainant has filed his list of witnesses which they are planning to bring before the court of law, the Magistrate, if he thinks that there is sufficient case to take cognizance of an offence, may order for a

A) summons...
B) or warrant...

for bringing the accused before the court. ( sec. 204). This is called issue of process in CrPC. While sending summons or warrants, a copy of the complaint is given to the accused. (Sec 204) If the proceeding is based on a police case, the copy of the police report and other documents (sec 207 and 208) shall be supplied to the accused.

SUMMONS (sec 61-69)

Summons is indeed issued for petty offences which are punishable for less than 2 years (sec. 2(w)). Summons are a mere direction in writing, and in duplicate form with the seal of the court (sec 61) to the accused or witnesses or pleader to appear  before the court on a fixed date. It is usually delivered personally by a police officer, court officer or in rare cases, a public servant. (Sec 62) It can be delivered by registered post too. (Sec 69).

What happens when Summons are not served in criminal law?

A) When person not found - leave the summons to an adult male member and get him sign the receipt (sec 64)

B) When adult member not found - affix in a conspicuous part of the house ( sec 65)

If court is not satisfied with such services, it may order for a fresh summons too.

How to Serve Summons on -

Corporate bodies and Societies - secretary, principal officer, local manager, cheif officer of the corporation (sec 63)

Government servant - serve to his Head of Office (sec 66)

Outside local jurisdiction - to that Magistrate (sec 67)

WARRANT (SEC 70 - 81)

Warrant is generally issued to a police officer to arrest an accused or any other person and bring him to the court. It is issued only in case of serious offences involving a penalty higher than that of 2 years of imprisonment. (Sec 2(X))

But, CrPC also provides an exemplary situation where warrants can be issued for minor offences in place of summons ;- (sec 87)

- if the accused will abscond or will not obey the summons

- if the accused fails to appear after getting summons

For the details, refer to the article - How is an Arrest made in CrPC

If the person was not able to be arrested by Warrant too, what then?

Issue a proclamation, and ask him to report at the place after 30 days (sec 82)

Attach his property, after that. ( Sec 83)

After 6 months if he doesn't turn up, sell the property.  (Sec 85)

Within two years, if the person turns up stating he had no news of the proclamation, attachment or sale :-

- give him the net proceeds of sale minus the cost of attachment ( Sec 85)