Process to Compel Appearance

Overview

• Chapter: 6 of CRPC
• Sections: 61 to 90
• Purpose: How to compel someone to appear in court.
• Methods to Compel Appearance:
  1. Summon (Sections 61-69)
  2. Arrest Warrant (Sections 70-81)
  3. Proclamation and Attachment (Sections 82-86)
  4. Other Rules (Sections 87-90)

1. Summon

Section 61: Form of Summon

• *Requirements:
  • Must be in writing
  • Duplicate
  • Signed by Presiding Officer
  • Seal of the Court
• *Form Details:
  • Form No. 1 (accused person)
  • Form No. 33 (witness)
  • Located in Second Schedule of CRPC

Section 62: How Summons are Served

• *Who can serve:
  • Police Officer
  • Officer of the court
  • Public Servant
• *Method of Service:
  • Served personally to the summoned person
  • If person refuses, leave one copy with them
  • Obtain signature on duplicate copy

Section 63: Service on Corporate Bodies

• Recipients:
  • Secretary
  • Local Manager
  • Principal Officer
• Main Officer: Chief Officer by post

Section 64: When Person Cannot Be Found

• Alternate Recipients:
  • Adult male member of the household
• Exceptions:
  • Not to females
  • Not to child
  • Not to servant

Section 65: Procedure When Usual Methods Fail

• Alternative Service:
  • Affix summon in a conspicuous part of the house
  • Affix copy on court's notice board

Section 66: Service on Government Servant

• Method:
  • Serve to Head of Office

Section 67: Service Outside Local Limits

• Method:
  • Send summon to magistrate in the jurisdiction where the person is

Section 68: Proof of Service

• When Serving Officer Not Present:
  • Attach affidavit with duplicate copy confirming service was made

Section 69: Service by Post

• Recipients: Witnesses
• Method: By post

Key Points for Examination

• Form of Summon Details: Section 61
• Service to Adult Male Member in Household: Section 64
• Service on Government Servants, Corporate Bodies, and Outside Local Limits: Sections 63, 66, 67
• Alternative Methods of Service: Sections 65, 68, 69