Summons and Warrants

A summons is an officially issued document that is released by any Court on an individual or an entity who may be involved in a legal proceeding. A summon is typically served when legal action is taken against an individual, or a person is required to appear before a court as a witness in a proceeding. This document ensures that the person is called upon and his presence on the given date of the hearing. On the other hand, a warrant is issued to apprehend an individual committing a particular offense(s). In this article, we examine the aspects mentioned in The Criminal Procedure Code related to Summons and Warrants.

Summons

A summon is a document issued either for appearance or for producing a document or an item which may be issued to an accused person or witness. Section 61 of the Criminal Procedure Code states that every summons issued by the Court shall be in writing, in duplicate along with the signature of the Presiding Officer of such Court or by such an officer as authorized by the High Court and shall bear the seal of the High Court. The summons should be specific and clear in its terms regarding information such as the title of the Court, the place, the day, and time when the attendance of the person summoned is required.

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Section 62 & Section 65: Service of Summons

As per Section 62 of the Criminal Procedure Code, the summons shall be served by a police officer or an officer of the Court or any other public servant. If the service cannot be concluded by the exercise of due diligence, the serving officer can perform a substituted service by affixing one of the duplicates of the summons to a conspicuous part of the residence of the summoned individual. The Court, after inquiries deemed necessary, may declare that the summons has been duly served or issue a fresh service as stated in Section 65 of the Code.

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Section 63 to Section 66: Summons on Corporate Bodies and Societies

The service of a summon on a corporation may take effect by serving it on specific individuals who are part of the corporation, including the secretary, the local manager, or any other principal officer. A summon may be sent by registered post addressed to the respective Chief Officer of the Corporation. The service is deemed effective when the letter arrives in the ordinary course of postal service.

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Generally, 'corporate' in this context means an incorporated company or other corporate body. This includes a society registered under the Societies Registration Act of 1860. Under Section 64, extended service can occur by leaving a copy of the summon with an adult male member of the summoned person's family.

When a Government Servant is summoned, the duplicate order or summon is sent to the Head of the Department in the employee’s office by the Court. The Head must ensure the proper service of the summons and return it to the Court with a signed endorsement as evidence of due service as stated in Section 66.

Section 91: Summons to produce

Section 91 and Section 92 of the Criminal Procedure Code talk about the summons to produce. A Court may issue a summons in writing to an individual believed to possess a required document or item for a court proceeding.

Warrant of Arrest

Section 70 of the Criminal Procedure Code outlines the aspects of a warrant of arrest. Every warrant of arrest must be in writing and signed by the Court's presiding officer, bearing the Court's seal. It remains in force unless canceled or executed.

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The warrant of arrest is issued for protection before the concerned Court, not for the police officer. Section 76 of the Code mandates that a police officer or appointed individual must present the arrested person before the Court without unnecessary delay.

Section 82 & Section 83: Proclamation and Attachment

The Criminal Procedure Code offers remedies when a warrant remains unexecuted.

Section 82: Issuing a Proclamation
Section 83: Attachment and sale of property

Section 82 states actions if an individual against whom a warrant of arrest is issued absconds: a proclamation requires the person to appear at a specified place and time. For less common scenarios, Section 83 enables the attachment or sale of property.

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Section 93 to Section 97: Search Warrant

A search warrant can be issued in the following circumstances:

If a summoned individual does not produce required items.
If possession is unknown to the Court.
If a general search is necessary.

A search warrant will not be issued for postal or telegraph authorities' items without order from a District or Chief Judicial Magistrate.

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Section 106: Security for keeping peace on conviction

When a Court finds a person guilty of specific offences, it may require security for keeping the peace. The Court may order the convicted individual to execute a bond for keeping the peace for up to three years.

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Section 107: Security for keeping peace in other cases

An Executive Magistrate may require an individual to show cause for not issuing a peacekeeping bond if there is credible information of potential public disturbance or wrongful actions likely to breach peace.

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Frequently Asked Questions

Common questions about Summons and Warrants in Criminal Procedure Code.

A summons is an official document issued by a court that requires an individual to appear before the court or produce certain documents or items at a specified time and place. On the other hand, a warrant is an order issued by a court that authorizes law enforcement officers to arrest an individual who is suspected of committing an offense or to search a specific location for evidence.

According to Section 62 of the Criminal Procedure Code, a summons shall be served by a police officer, an officer of the court, or any other public servant. If the summons cannot be served directly, the serving officer can perform a substituted service by affixing a duplicate copy of the summons to a conspicuous part of the residence of the summoned individual.

A summons to a corporation can be served by delivering it to the secretary, local manager, or any other principal officer of the corporation. For societies registered under the Societies Registration Act of 1860, the summons can be served by sending a registered letter addressed to the chief officer of the society.

If a person fails to comply with a summons without a valid reason, the court may issue a warrant for their arrest under Section 82 of the Criminal Procedure Code. The court may also issue a proclamation requiring the person to appear within a specified time period, usually not less than 30 days from the date of publishing the proclamation.

A search warrant can be issued by a court if there is reason to believe that a person summoned to produce an item or document is unwilling to do so, if the location of the item or document is unknown, or if a general inspection or search is required, as per Section 93 of the Criminal Procedure Code.

Under Section 106 of the Criminal Procedure Code, a court may order an individual convicted of certain offences, such as those involving assault, criminal intimidation, or breach of peace, to execute a bond with or without sureties for keeping the peace for a period not exceeding three years. This measure is intended to prevent the individual from committing further offenses that may disturb the public peace.

Yes, under Section 107 of the Criminal Procedure Code, an Executive Magistrate may require an individual to show cause why they should not be ordered to execute a bond for keeping the peace for a period not exceeding one year if there is information that the individual is likely to commit a breach of peace, disturb public tranquility, or do anything wrongful that may cause a breach of the peace.

If a court has valid reasons to believe that an individual against whom a warrant of arrest has been issued has absconded or is concealing themselves to avoid the execution of the warrant, the court may issue a written proclamation under Section 82 of the Criminal Procedure Code, requiring the individual to appear at a specified place and time, usually not less than 30 days from the date of publishing the proclamation.

According to Section 70 of the Criminal Procedure Code, a warrant of arrest must be in writing, signed by the presiding officer of the court, bear the seal of the court, state the name and designation of the individual who is to execute the order, provide the full name and description of the person to be arrested, and mention the offense charged against the individual.

No, a search warrant cannot be issued for searching a document, parcel, or any other item in the custody of the authorities of the postal or telegraph service unless ordered by a District Magistrate or a Chief Judicial Magistrate, as stated in Section 93 of the Criminal Procedure Code.