To meet the ends of justice, it is critical to produce the accused and other witness or related parties before the court whenever needed. If the accused is found guilty at the conclusion of the trial, he must be present in person to receive the sentence. Also, his presence is necessary if imprisonment is to be enforced. Further, the supremacy of the law will be questionable if there is no formal process to bring the required persons before the court. For this reason,CrPC provides three ways for compelling the appearance of any person who is required to be present in the court, in the court -
2. Warrant, and
3. Proclamation for person absconding
A Summons is a process issued by a Court, calling upon a person to appear before a Magistrate. It is used for the purpose of notifying an individual of his legal obligation to appear before the Magistrate as a response to a violation of the law. It is addressed to a defendant in a legal proceeding. the summons will announce to the person to whom it is directed that a legal proceeding has been started against that person, and that a file has been started in the court records. The summons announces a date and time on which the person must appear in court.
A person who is summoned is legally bound to appear before the court on the given date and time. Willful disobedience is liable to be punished under Section 174 of IPC. It is a ground for contempt of court.As per Section 61, every summons issued by a Court under this Code shall be in writing and in duplicate. It must be signed by the presiding officer of the Court or by such other officer as the High Court may, from time to time, by rule direct. It must also bear the seal of the Court.
The summons should contain adequate particulars such as the date, time, and place, of the offence charged. It should also contain the date, time, and place where the summoned person is supposed to appear. The standard format of a summons is given in Form 1 of Second schedule. As per Section 205, a magistrate issuing the summons may permit the accused to appear by his lawyer if he sees reason to do so.
A written order issued by a judicial officer or other authorized person commanding a law enforcement officer to perform some act incident to the administration of justice.Warrant is used to bring persons to court who have ignored a subpoena or a court appearance.A warrant of arrest is a written authority given by a competent magistrate for the arrest of a person. It is a more drastic step than the issue of a summons. It is addressed to a person, usually a police officer, to apprehend and produce the offender in front of the court.
Essential Elements of a valid warrant -
1. The warrant must clearly mention the name and other particulars of the person to be arrested. As per Section 70(1), every warrant of arrest shall be in writing. It must be signed by the presiding officer of the court and must bear the seal of the court. As per section 70(2), a warrant remains in force until it is canceled or is executed. Normally, Form 2 of Second schedule is used to write a warrant.
2. It must show the person to whom the authority to arrest has been given. As per Section 72, a warrant is normally directed to one or more police officers but, if necessary, the court may direct it to any other person or persons. Further, section 73 provides that a magistrate may direct a warrant to any person within his jurisdiction for the arrest of any escaped convict, proclaimed offender, or of any person who is accused of a non-bailable offence and is evading arrest.
3. It may include a direction that if the person arrested under the warrant executes a bond and gives security for his attendance in court, he shall be released. Warrant with such a direction is called as bailable warrant of arrest.
4. It must clearly specify the offence.
It is mandatory to present the Accused before the court. In the case of IPC 420 IPC, is a major offence, non-bailable, and cognisible ( police can arrest without warrant ), punishable with imprisonment for 7 years.but if the investigation is over you should take an undertaking and seek bail.