CrPC’s Process for Compelling Person’s Attendance: From Summons to Proclamation

When someone is accused of a crime or is a crucial witness in a case, the court cannot simply wait for them to show up voluntarily. India’s criminal procedure law provides a structured, step-by-step mechanism to compel that attendance – starting with a polite written notice and escalating, if necessary, to the seizure of property. Chapter VI of the Code of Criminal Procedure, 1973 (CrPC), spanning Sections 61 to 90, lays down this entire framework under the heading “Processes to Compel Appearance.” Understanding this framework is essential not just for examinations, but for anyone who wants to understand how the criminal justice machinery actually operates on the ground.

Why compelling attendance matters 🔗

A trial cannot conclude without the presence of the accused. If found guilty, the accused must be physically present to receive the sentence – particularly when imprisonment is involved. Beyond the accused, witnesses and other related parties must also appear when required. As legal scholars have noted, the direct alternative to this graduated process would be to simply arrest and detain every required person until their date of hearing – an approach that would violate fundamental rights under the Constitution of India. The CrPC, therefore, strikes a balance: it offers the person a chance to appear voluntarily before resorting to coercive measures.

The law provides four escalating tools to secure attendance: summons, warrants of arrest, proclamation and attachment of property, and bonds for appearance. Each step is triggered by the failure of the previous one.

Part A: Summons (Sections 61-69) 🔗

A summons is the court’s first and mildest tool. It is a formal written document that directs a specific person to appear before a judge or court officer on a fixed date and time. Because summons are meant to be served on the concerned party and retained as a record, Section 61 mandates that every summons be issued in writing, in duplicate, signed by the presiding officer of the court, and sealed with the court’s seal. The standard format is prescribed in Form No. 1 of the Second Schedule of the CrPC.

How summons are served 🔗

The CrPC sets out different service procedures depending on who is being summoned:

Individuals (Section 62): Summons must be served personally on the person. One copy is handed to them, and they must sign the duplicate as acknowledgment. Personal service is the default and preferred method.

Government servants (Section 62): When the person summoned is a government servant, the court can send the summons to the head of that person’s office, who is then responsible for ensuring the servant receives it. This avoids disruption to government functioning.

Corporations and societies (Section 63): Service on a company or registered society can be done by serving the summons on the secretary, local manager, or other principal officer of the organisation. Alternatively, the summons may be sent by registered post to the chief officer. In Central Bank of India v. Delhi Development Authority (1981), the Supreme Court held that a Branch Manager qualifies as a “local manager” for this purpose, meaning service on the branch manager equals service on the corporation itself.

When the person cannot be found (Section 64): If the summoned person is not available despite due diligence, the summons may be left with an adult male family member of that person. Importantly, a servant does not count as a family member under this provision.

When normal service fails entirely (Section 65): If none of the above methods work, the serving officer can affix one copy of the summons to a conspicuous part of the person’s ordinary residence. The court may then declare that the summons has been duly served or order a fresh attempt.

Service by post for witnesses (Section 69): Courts summoning witnesses can additionally direct a copy to be sent by registered post. If the witness refuses to accept the delivery, an endorsement from the postal employee to that effect is treated as sufficient proof of service.

Part B: Warrant of arrest (Sections 70-81) 🔗

If summons fails to produce the required person, the court moves to a stronger tool: the warrant of arrest. Unlike a summons, which is addressed to the person themselves, a warrant is addressed to a third party – typically a police officer – directing that person to physically bring the required individual before the court.

Form and basic requirements 🔗

Every warrant of arrest must be in writing, signed by the presiding officer of the court, and bear the court’s seal. Crucially, every warrant remains in force until it is either cancelled by the court that issued it or executed. This means an unexecuted warrant does not expire automatically. It also means the warrant must specify the age of the person to be arrested – a requirement the Supreme Court affirmed in Sanjay Suri v. Delhi Administration (AIR 1988 SC 414), adding that jail authorities may refuse to honor a warrant that omits this detail.

Bailable warrants (Section 71) 🔗

Not every warrant leads to immediate arrest and detention. A court may endorse a warrant as bailable, which means the arresting officer can release the person on a bond with sufficient sureties for their appearance before the court. This provision protects individuals from unnecessary confinement while still ensuring they appear when required.

Execution across jurisdictions (Sections 78-81) 🔗

A warrant of arrest can be executed anywhere in India. When a warrant needs to be executed outside the issuing court’s jurisdiction, it is forwarded to the Executive Magistrate or District Superintendent of Police of the area where the accused is located, who then endorses and executes it. This ensures no one can simply cross a district or state border to escape a warrant.

Notifying the person 🔗

The arresting officer must inform the person being arrested of the substance of the warrant at the time of arrest. This is a basic procedural safeguard – the person has a right to know why they are being apprehended.

Part C: Proclamation and attachment (Sections 82-86) 🔗

When even a warrant cannot be executed – because the person is actively hiding or has absconded – the law provides for its most dramatic tool: proclamation, potentially followed by attachment of property.

Proclamation (Section 82) 🔗

If a court has reason to believe that a person against whom a warrant has been issued is absconding or concealing themselves to avoid arrest, the court may publish a written proclamation requiring the person to appear at a specific place and time – not less than 30 days from the date of publication.

This proclamation is not a quiet affair. It must be publicly proclaimed in the following ways: it is read aloud in a conspicuous place in the town or village where the person last resided; it is affixed to a prominent part of the person’s last known house or homestead; and it may also be published in a local newspaper. The objective is to make it virtually impossible for the person to later claim they had no knowledge of it.

Under the original CrPC, only persons accused of a specific list of 19 serious IPC offences (including murder under Section 302, dacoity under Sections 395-400, etc.) could be formally declared “proclaimed offenders” under Section 82(4). This was widely criticised as too narrow, since repeat evaders of process in other serious cases escaped the label entirely.

Attachment of property (Section 83) 🔗

The court is not required to wait for the proclamation period to expire before attaching property. If the court believes it necessary, it can order the attachment of the absconder’s property simultaneously with or even before the proclamation, especially where property may be disposed of to defeat the process. Attached property can ultimately be sold if the person fails to appear – though the law provides a window for restoration.

Restoration of property (Section 85) 🔗

Within two years from the date of attachment, if the person appears voluntarily or is brought before the court and satisfies the court that they did not abscond to avoid the warrant and had no notice of the proclamation, the attached property (or its sale proceeds) must be returned after deducting costs incurred. This provision prevents the law from being used as a permanent punitive tool against someone who genuinely had no knowledge of the proceedings.

Part D: Other rules regarding processes (Sections 87-90) 🔗

Warrant in lieu of or in addition to summons (Section 87) 🔗

Even in a summons case – typically involving less serious offences where only summons would normally issue – a magistrate can escalate to a warrant in three situations: where the person summoned has absconded or is unlikely to obey the summons; where the summons was duly served in time but the person failed to appear without a valid reason; or where a bond for appearance has been breached. The magistrate must record reasons in writing before taking this step. This requirement to record reasons is a safeguard against misuse of coercive powers in minor matters.

Bond for appearance (Section 88-89) 🔗

When a person whose attendance is required is already present in court, the presiding officer can require that person to execute a bond – with or without sureties – for their future appearance. If that bond is subsequently breached, the court can issue a warrant directing the person’s arrest and production before it.

General applicability (Section 90) 🔗

Section 90 acts as an umbrella provision, clarifying that all the rules relating to summons and warrants under Chapter VI apply to every summons or warrant of arrest issued under the CrPC, not just those issued in specific circumstances.

What the BNSS changed 🔗

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the CrPC with effect from July 1, 2024, retained the core framework of Chapter VI but introduced several significant updates:

Digital summons: Under BNSS Section 61 (corresponding to CrPC Section 61), summons can now also be issued in an encrypted or any other form of electronic communication bearing the image of the court’s seal. BNSS Section 532 goes further, allowing summons, warrants, and notices to be served and executed electronically – via email, SMS, or official digital portals – reducing delays substantially.

Gender-neutral service: The CrPC’s Section 64 allowed substituted service only to adult male members of the family. The BNSS has dropped the word “male,” making this provision gender-neutral.

Broader definition of “proclaimed offender”: Under BNSS Section 84(4), the old fixed list of 19 IPC sections has been replaced with a threshold: anyone accused of an offence punishable with 10 or more years of imprisonment, life imprisonment, or death can now be declared a proclaimed offender. This is significantly broader and covers offences under special laws as well.

Trial in absentia: Under BNSS Section 356, if a proclaimed offender has absconded with no immediate prospect of arrest, the trial may proceed and judgment may be pronounced in their absence – though the trial may commence only after 90 days from the framing of charges. This is a major departure from the earlier scheme where absconding effectively stalled proceedings indefinitely.

Taken together, Sections 61 to 90 of the CrPC – and their BNSS equivalents – represent a carefully calibrated escalation of judicial authority. The law is designed to give individuals every reasonable opportunity to appear voluntarily before resorting to coercion, while ensuring that no one can frustrate the course of justice simply by remaining out of reach.

What do you think? Given that the BNSS now allows trials to proceed in the absence of a proclaimed offender, does this adequately protect the accused’s constitutional right to a fair trial – or does the public interest in timely justice outweigh that concern? And with electronic service of summons now legally valid, how should courts verify that digital notices genuinely reached the intended recipient rather than a spam folder?

References

1. https://www.lawyersclubindia.com/articles/processes-to-compel-appearance-of-persons-in-court-14827.asp
2. https://hanumant.com/law/hanumants-notes/CrPC-Unit2-Summon.html
3. https://www.writinglaw.com/chapter-vi-61-90-of-crpc-processes-to-compel-appearance/
4. https://devgan.in/crpc/chapter_06.php
5. https://thelawgist.org/processes-to-compel-appearance-section-61-90/
6. https://farheendhanjal.law.blog/2021/03/25/chapter-vi-processes-to-compel-appearances-section-61-90-d-other-rules-regarding-processes-section-87-90-the-code-of-criminal-procedure-1973/
7. https://www.barandbench.com/columns/comparative-analysis-of-code-of-criminal-procedure-1973-and-bharatiya-nagarik-suraksha-sanhita-2023
8. https://p39ablog.com/2023/11/criminal-law-bills-2023-decoded-11-proclaimed-offenders-and-trials-in-absentia/