MODULE 3

ACCUSED’S PRESENCE

• Procuring accused’s presence- Fair Trial

• Arrest is a means of procuring attendance for trial. (other means?)
• Summons Case and Warrant Case (s. 227)
• Summons case- summons shall be issued
• Warrant case- option exists with the magistrate
 SUMMONS

• 63. Form of summons

Every summons issued by a Court under this Sanhita shall be,—
(i) in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as the High
Court may, from time to time, by rule direct, and shall bear the seal of the Court; or
(ii) in an encrypted or any other form of electronic communication and shall bear the image of the seal of the
Court or digital signature.
• 64. Summons how served
(1) Every summons shall be served by a police officer, or subject to such rules as the State Government
may make in this behalf, by an officer of the Court issuing it or other public servant:
Provided that the police station or the registrar in the Court shall maintain a register to enter the
address, email address, phone number and such other details as the State Government may, by rules,
provide.
(2) The summons shall, if practicable, be served personally on the person summoned, by delivering or
tendering to him one of the duplicates of the summons:
Provided that summons bearing the image of Court's seal may also be served by electronic
communication in such form and in such manner, as the State Government may, by rules, provide.
(3) Every person on whom a summons is so served personally shall, if so required by the serving officer, sign
a receipt therefor on the back of the other duplicate.
 SUMMONS

• 66. Service when persons summoned cannot be found

Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be
served by leaving one of the duplicates for him with some adult member of his family residing with him,
and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt
therefor on the back of the other duplicate.
Explanation.—A servant is not a member of the family within the meaning of this section.
• 70. Proof of service in such cases and when serving officer not present
(1) When a summons issued by a Court is served outside its local jurisdiction, and in any case where the
officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be
made before a Magistrate, that such summons has been served, and a duplicate of the summons
purporting to be endorsed (in the manner provided by section 64 or section 66) by the person to whom
it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the
statements made therein shall be deemed to be correct unless and until the contrary is proved.
(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned
to the Court.
(3) All summons served through electronic communication under sections 64 to 71 (both inclusive) shall be
considered as duly served and a copy of such summons shall be attested and kept as a proof of service of
summons.
S. 90. Issue of warrant in lieu of, or in addition to, summons.
A Court may, in any case in which it is empowered by this Sanhita to issue a summons for
the appearance of any person, issue, after recording its reasons in writing, a warrant for his
arrest—
(a) if, either before the issue of such summons, or after the issue of the same but before the
time fixed for his appearance, the Court sees reason to believe that he has absconded
or will not obey the summons; or
(b) if at such time he fails to appear and the summons is proved to have been duly
served in time to admit of his appearing in accordance therewith and no reasonable
excuse is offered for such failure.
 ARREST- WARRANT

• With or without warrant

• WARRANT
• 72. Form of warrant of arrest and duration
(1) Every warrant of arrest issued by a Court under this Sanhita shall be in writing, signed by the presiding officer
of such Court and shall bear the seal of the Court.
(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is
executed.
• 73. Power to direct security to be taken
(1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the
warrant that, if such person executes a bail bond with sufficient sureties for his attendance before the Court at
a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed
shall take such security and shall release such person from custody.
(2) The endorsement shall state—
(a) the number of sureties;
(b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound;
(c) the time at which he is to attend before the Court.
(3) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond
to the Court.
 ARREST- WARRANT

• 77. Notification of substance of warrant

The police officer or other person executing a warrant of arrest shall notify the substance
thereof to the person to be arrested, and, if so required, shall show him the warrant.
• 78. Person arrested to be brought before Court without delay
The police officer or other person executing a warrant of arrest shall (subject to the provisions of
section 73 as to security) without unnecessary delay bring the person arrested before
the Court before which he is required by law to produce such person:
Provided that such delay shall not, in any case, exceed twenty-four hours exclusive
of the time necessary for the journey from the place of arrest to the Magistrate's Court.
 PROCLAIMED OFFENDER AND ATTACHMENT
• 84. (1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a
warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be
executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a
specified time not less than thirty days from the date of publishing such proclamation.
(2) The proclamation shall be published as follows:—
(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;
• (b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to
some conspicuous place of such town or village;
• (c) a copy thereof shall be affixed to some conspicuous part of the Court-house;
• (ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in
the place in which such person ordinarily resides.
• (3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly
published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive evidence
that the requirements of this section have been complied with, and that the proclamation was published on such
day.
• (4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence which is
made punishable with imprisonment of ten years or more, or imprisonment for life or with death under the
Bharatiya Nyaya Sanhita, 2023 or under any other law for the time being in force, and such person fails to appear at
the specified place and time required by the proclamation, the Court may, after making such inquiry as it thinks fit,
pronounce him a proclaimed offender and make a declaration to that effect.
• (5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under sub-section (4) as
they apply to the proclamation published under sub-section (1).
 PROCLAIMED OFFENDER AND ATTACHMENT
• 85. Attachment of property of person absconding
• (1) The Court issuing a proclamation under section 84 may, for reasons to be recorded in
writing, at any time after the issue of the proclamation, order the attachment of any property,
movable or immovable, or both, belonging to the proclaimed person:
• Provided that where at the time of the issue of the proclamation the Court is satisfied, by
affidavit or otherwise, that the person in relation to whom the proclamation is to be issued,—
• (a) is about to dispose of the whole or any part of his property; or
(b) is about to remove the whole or any part of his property from the local jurisdiction of the
Court,
it may order the attachment of property simultaneously with the issue of the proclamation….