The process of production of person in Court
Q.2. Explain the process of production of person in Court.
Arrest means deprivation of a
person’s freedom by legal authority. Arrest may be by touch or confining the
body of a person and if he resists, the police can also use all means of legal
force to effect the arrest. Technically speaking, arrest is a form of state
constraint applied to a person, during which the person is placed under
detention, is imprisoned and is deprived of his right to move freely. Arrest
can be made with or without warrant. Article 21 of Indian Constitution speaks
that, “No person shall be deprived of personal liberty except according to the
procedure established by law”.
PROCESS OF PRODUCTION OF PERSON
The procedure is laid down in
Cr.P.C. to compel the attendance of the persons including the accused and
witnesses by issuing of summons, arrest warrant or in case of absconding,
declaring such person as proclaimed offender and attaching his properties. .
Summons and How to Serve:
Summons are issued for the purpose
ofl appearance or for
production of document or thing. Every summon issued by a court shall be in
writing, in duplicate, signed by the presiding officer of the court and shall
bear the seal of the court. Every summon should be served by a police officer
personally to the person summoned by delivering a copy of summons after taking
a signature on the duplicate copy. Then a person summoned is not present such
summons may be served on some adult member of the family. In case of a
corporate body, it may be served to the secretary, local manager or to the
principal officer of the corporation. In case the above mentioned persons are
not available for serving of summons the copy of the summon shall be affixed to
the out door of the house in which the person summoned ordinarily resides.
Where the person is summoned is a government servant summons could be served
through his employer.
Warrant of Arrest and How to Issue:
An arrest warrant is a written
orderl issued by a judge or other
proper judicial officer, upon probable cause, directing the police to arrest a
particular person. Where a person has been concerned in a non-cognizable
offence he cannot (except in certain cases) be arrested without a warrant.
Every warrant of arrest issued by a court should be in writing and must contain
the signature of the preceding officer, name of the person who is to execute,
name of the person to be arrested and seal of the court. Every warrant shall
remain in force until it is canceled by the court or until it is executed.
Court may in its discretion make an endorsement on warrant for the release of
the person after executing a bond with sufficient sureties. Every warrant
issued by any Magistrate in India may be executed in any place in India or it
may be forwarded for execution outside its jurisdiction to any Executive
Magistrate or District superintendent of police or Commissioner of police
within the local limits of whose jurisdiction it is to be executed.
Proclamation of Offender and the
Attachment of Properties:
Where a person against whom a
warrant has been issued has been absconding or is concealing himself so that
such warrant cannot be executed, court may publish a written notice requiring
him to appear at specified place and at specified time not less than 30 days
from the date of publishing such proclamation. After issuing of such
proclamation if he fails to comply and has been avoiding his arrest the court
may issue an order for the attachment of the properties of the person
absconding. The purpose and the object are to compel the appearance of the
person.
Warrant in Lieu of Summons:
When any person who is bound by anyl bond to appear before the court,
does not appear, the presiding officer may issue a warrant directing that such
person be arrested and produced before him.
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