Process to Compel Appearance | Criminal Law - CLAT PG PDF Download

Process of Summons and Warrant in Criminal Trials

Summons 

• Summons is the most basic and mildest form of the process used to make a document or a thing appear in court.
• It is issued in duplicate under the seal of the court and must be served personally by a police officer or public servant.
• Summons includes the title of the suit, date, time, and a brief description of the charged offences.
• Police have the power to issue summons to direct a person to be present for investigations.
• When serving summons to a corporation, it is presented to the secretary or principal officer.
• If a person is not found, the summons can be served to an adult male family member.
• For government employees, the summons is sent to the head of the office.
• If the court lacks jurisdiction, the summons can be sent to the magistrate under whose jurisdiction the person resides.
• Summons to witnesses must be sent by registered post.

Warrant 

• A warrant is issued when a person fails to appear in court after being summoned.
• The warrant remains in force until cancelled by the court or executed.

Essential requirements of a valid warrant include:

• Prescribed form and writing.
• Name and designation of the executor.
• Full name and description of the person to be arrested.
• Charges against the person.
• Seal and signature of the court officer.

• A bailable warrant is issued for minor offences and can be directed to the police station or court.
• Execution of warrant can occur anywhere in India through the police superintendent.
• If a person is believed to be concealing themselves, a proclamation can be issued to locate them.
• The controlling officers must be aware of the status of summons and warrants.

The process to compel the production of things 

• The process of compelling the production of documents or things is crucial for investigation and prosecution.
• It ensures that necessary documents or items are presented before the court to avoid delays in the trial.
• When the court or police officer requires the production of a document or thing for investigation, trial, or other proceedings, a summons or written order may be issued to the person in possession of the document or thing, requiring their presence with the document or its production in any manner.
• A search warrant is another important mechanism for the production of things or documents. It is issued when there are reasonable grounds to believe that the person to whom it is addressed will not or may not produce a specific document or thing. These warrants specify a particular place or area to be searched.
• According to Section 97 of the Criminal Procedure Code, the court can direct the search of places suspected to contain stolen property or forged documents. If a person is found to be wrongfully seizing documents or items, the court may call upon them to explain.
• Police officers also have the authority to seize property suspected of being stolen or related to some offences. The magistrate of the jurisdiction must be informed of such seizures.

Proclamation of offender and attachment of properties 

• When a warrant is issued against a person who is absconding or concealing himself, and the search warrant cannot be executed, the court can publish a written notice for the person to appear at a specified place within a specified time, not less than 30 days from the date of publication.
• If the person fails to appear at the specified place and time after the issuance of such proclamation and continues to avoid arrest, the court can order the attachment of his properties to compel his appearance.

The warrant in lieu of summons 

• When a summons is issued to a person, they are bound by a bond to appear before the court. 
• If the person fails to appear even after this, the presiding officer has the authority to issue a warrant for their arrest and production before the court.