Professional Documents
Culture Documents
Explanation - in This Section "Corporation" Means An Incorporated Company or
Explanation - in This Section "Corporation" Means An Incorporated Company or
Provided that such delay shall not, in any case, exceed twenty-four hours
exclusive of the lime necessary for the journey from the place of arrest to the
Magistrate’s Court.
Section 77 – Where warrant may be executed
A warrant of arrest may be executed at any place in India.
Section 78 – Warrant forwarded for execution outside jurisdiction
1. When a warrant is to be executed outside the local jurisdiction of the
Court issuing it, such Court may, instead of directing the warrant to a police
officer within its jurisdiction, forward it by post or otherwise 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; and the
Executive Magistrate or District Superintendent or Commissioner shall endorse
his name thereon, and if practicable, cause it to be executed in the manner
hereinbefore provided.
2. The Court issuing a warrant under Sub-Section (1) shall forward, along
with the warrant, the substance of the information against the person to be
arrested together with such documents, if any, as may be sufficient to enable the
Court acting under section 81 to decide whether bail should or should not be
granted to the person.
Section 79 – Warrant directed to police officer for execution outside
jurisdiction
1. When a warrant directed to a police officer is to be executed beyond the
local jurisdiction of the Court issuing the same, he shall ordinarily take it for
endorsement either to an Executive Magistrate or to a police officer not below
the rank of an officer in charge of a police station, within the local limits of
whose jurisdiction the warrant is to be executed.
2. Such Magistrate or police officer shall endorse his name thereon and such
endorsement shall be sufficient authority to the police officer to whom the
warrant is directed to execute the same, and the local police shall, if so required,
assist such officer in executing such warrant.
3. Whenever there is reason to believe that the delay occasioned by
obtaining the endorsement of the Magistrate or police officer within whose local
jurisdiction the warrant is to be executed will prevent such execution, the police
officer to whom it is directed may execute the same without such endorsement
in any place beyond the local jurisdiction of the Court which issued it.
Section 80 – Procedure of arrest of person against whom warrant issued
When a warrant of arrest is executed outside the district in which it was issued,
the person arrested shall, unless the Court which issued the warrant is within
thirty kilometres of the place of arrest or is nearer than the Executive Magistrate
or District Superintendent of Police or Commissioner of Police within the local
limits of whose jurisdiction the arrest was made, or unless security is taken
under section 71, be taken before such Magistrate or District Superintendent or
Commissioner.
Section 81 – Procedure by Magistrate before whom such person arrested is
brought
1. The Executive Magistrate or District Superintendent of Police or
Commissioner of Police shall, if the person arrested appears to be the person
intended by the Court which issued the warrant, direct his removal in custody to
such Court:
Provided that, if the offence is bailable, and such person is ready and willing to
give bail to the satisfaction of such Magistrate, District Superintendent or
Commissioner, or a direction has been endorsed under section 71 on the warrant
and such person is ready and willing to give the security required by such
direction, the Magistrate, District Superintendent or Commissioner shall take
such bail or security, as the case may be, and forward the bond, to the Court
which issued the warrant:
(i) a) it shall be publicly read in some conspicuous place of the town or village
in which such person ordinarily resides;
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 punishable under section 302, 304, 364, 367, 382,
392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the
Indian Penal Code (45 of 1860) 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).
Section 83 – Attachment of property of person absconding
1. The Court issuing a proclamation under section 82 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,-
1. is about to dispose of the whole or any part of his property, or
2. is about to remove the whole or any part of his property from the local
jurisdiction of the Court
It may order the attachment simultaneously with the issue of the proclamation.
2. Such order shall authorise the attachment of any property belonging to
such person within the district in which it is made; and it shall authorise the
attachment of any property belonging to such person without such district when
endorsed by the District Magistrate within whose district such property is
situate.
3. If the property ordered to be attached is a debt or other movable property,
the attachment under this section shall be made-
1. by seizure; or
2. by the appointment of a receiver; or
3. by an order in writing prohibiting the delivery of such property to the
proclaimed person or to any one on his behalf; or
4. by all or any two of such methods, as the Court thinks fit.
4. If the property ordered to be attached is immovable, the attachment under
this section shall, in the case of land paying revenue to the State Government, be
made through the Collector of the district in which the land is situate, and in all
other cases-
1. by taking possession; or
2. by the appointment of a receiver; or
3. by an order in writing prohibiting the payment of rent on delivery of
property to the proclaimed person or to any one on his behalf; or
4. by all or any two of such methods, as the Court thinks fit.
5. If the property ordered to be attached consists of live-stock or is of a
perishable nature, the Court may, if it thinks it expedient, order immediate sale
thereof, and in such case the proceeds of the sale shall abide the order of the
Court.
6. The powers, duties and liabilities of a receiver appointed under this
section shall be the same as those of a receiver appointed under the Code of
Civil Procedure, 1908 (5 of 1908).
Section 84 – Claims and objections to attachment
1. If any claim is preferred to, or objection made to the attachment of, any
property attached under section 83, within six months from the date of such
attachment, by any person other than the proclaimed person, on the ground that
the claimant or objector has an interest in such property, and that such interest is
not liable to attachment under section 83, the claim or objection shall be
inquired into, and may be allowed or disallowed in whole or in part:
Provided that any claim preferred or objection made within the period allowed
by this Sub-Section may, in the event of the death of the claimant or objector, be
continued by his legal representative.
2. Claims or objections under Sub-Section (1) may be preferred or made in
the Court by which the order of attachment is issued, or, if the claim or
objection is in respect of property attached under an order endorsed under Sub-
Section (2) of section 83, in the Court of the Chief Judicial Magistrate of the
district in which the attachment is made.
3. Every such claim or objection shall be inquired into by the Court in which
it is preferred or made:
The basic requirement for the progress of the trial in crime is the appearance of
the accused that has been defined under Chapter VI of the Criminal Procedure
Code.
Summons
The most basic and mildest form of the process is the summons which may be
issued in order to make a document or a thing appear. Summons are issued in
duplicate under the seal of the court that is required to be conveyed by the
police officer of the court or any public servant to someone personally.
Summons include the clear and specific title of the suit and place and includes
date and time whenever a search appearance of a person or a thing is
required.
The power to issue a summons in the hands of the police which directs a person
to be present for some investigations. Whenever corporation services are to be
served, a summon is presented to the secretary or principal officer of that
corporation address to the chief officer of the company. Summons can also be
issued on banking sectors.
Whenever it happens that a person summoned on a specific day and the person
does not appear, the person’s family male member are served the summons
again who is required to sign the receipt whenever that person is found. But in
cases where summons cannot be served according to the above-mentioned
procedure, the person serving the summon shall appoint one of the summonses
to be a part of the house.
Where the offences in the world are bouncing of cheque, petty crimes, etc.
sending summons to registered post may be avoided.
Warrant
Whenever a person fails to appear before the court on the said date after the
issue of summons, he may be issued a warrant of arrest directly.
Unless and until the court which issues such warrant cancels it or unless the
warrant has been executed the warrant of arrest shall remain in force.
Execution of warrant can happen at any place in India by the way of a court
which can send the warrant to the superintendent of the police residing in that
area and having jurisdiction over that area.
Whenever there are reasons to believe that a person against whom the warrant
has been issued is concealing himself, proclamation can be issued by the court
which can be published in the manner which has been directed by the court
including in the newspapers and other direct attachment of property. A receiver
office property can also be appointed by the court. Whenever a proclaimed
person appears the attachment can be cancelled and if the court has few
reasons to believe the abscondment of the person or the person has not obeyed
or will not obey their summons the warrant of arrest may be issued.
The controlling officers of the area where the police have sent the summons or
warrant are required to know the position of the summons and warrants.
For the purpose of investigation and prosecution, the process of comparing the
production of documents or a thing is necessary. it is because unless and until
the document or a thing that is required to be presented before the court is
presented the trial may be delayed.
The section which deals with the process to compel the production of things is
void but the discretion has to be exercised very cautiously and judiciously.
There needs to be a direct connection between the offence and the subject
matter. In the case of Lloyds Bank, there were charges of acquiring money by
forging a cheque. Therefore the obtained money was deposited by the accused
into the bank and there was a warrant issued for the seizure of money in the
bank which was held to be improper. The bank was the owner of the money and
only the accused possessed an actionable claim against the bank that cannot be
produced in the court.
The section also does not give power to the court to directly direct the banker
for payment of money. In the case of Jagdish Prasad Sharma 1988, a banker
was found absconding with the sum of rupees 100000 and as a result of which
under Section 406 of Indian penal code a case was filed against him. The
accused was therefore arrested and his passbook was seized. There was an
order of the magistrate that directed the accused on the application of the
proprietor to convert the cash in his account into a draft and produce it in the
court; this order was held to be out of the jurisdiction.
Permission of issuing warrant at pre enquiry stage is allowed and can be given.
The search warrant cannot be exercised in a mechanical manner and search
powers to issue the warrants cannot be given and the court is required to record
the reasons for issuing such orders.
According to Section 97 of Criminal Procedure Code, the court has the power to
direct the search of the places where suspension regarding stolen property and
forged documents are present and prove that process if any persons are found
to be wrongfully seizing documents for a thing he may be called upon by the
court.
The power to seize property is also in the hands of the police officer. The
property has to be a list or suspected to have been stolen or suspicious of some
offences. Magistrate under the jurisdiction has to be informed of such seizure.
In case of DB Thakur v. State of Gujarat 1995, it was held by the Gujarat High
Court that whenever there is a recovery from the possession of the accused on
the search of narcotics substances the search cannot be vitiated because it did
not cause prejudice by calling panchas. Here it is not a mandatory requirement
of the presence of panchas.
Whenever a warrant has been issued against a person who has been
absconding or concealing himself, and because of that search warrant cannot be
executed or written, notice can be published by the court for the person to
appear at a specified place and within a specified time that is not less than 30
days from the date of publishing such notice. After the issuance of such
proclamation if the person again fails to be present at the specified place and
time and he is avoiding himself from being arrested, the court can issue an
order to attach his properties in order to compel the appearance of the person.
Conclusion