What are the general principles relating to Search (Refer to Sec 99, 100, and 101)?

Can the police search without a search warrant? (Police search during investigation sec 165, 166, 153).

When can any court issue a search warrant (Sec 83, 94, 97, 98)?

What do you understand by Seizure (Sec 102)?

Discuss constitutional Aspects of validity or search and seizure proceedings.

What provisions are given in CrPC for compelling

appearance in courts? What do you know about
Summons in this context? Describe the procedure for
issue and service of a Summons. How can a
Summons be served on a govt. employee or outside
local limits?
Processes for compelling appearance
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, Chapter VI (Sections 61 to 90) of CrPC provides three ways for compelling the appearance of any person
who is required to be present in the court, in the court -

1.

Summons,

2.

Warrant, and

3.

Proclamation for person absconding

While Summons is an order of the court to the person to appear before it, Warrant is an order of the court given to a
third person to bring the person who is required to be present in the court, in the court. Which method is to be used in
a particular situation depends on the judicial officer, who is guided by the provisions of this code. The third method is
used when the person has absconded or is in any other way avoiding arrest, in which case the Court may publish a
written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from
the date of publishing such proclamation
The code classifies all criminal cases into summons cases and warrant cases. A case is a warrant case if the offence
is punishable by death, imprisonment for life or imprisonment for more than two years. A summons case is a case
that is not a warrant case. Thus, the basis of classification is the seriousness of the offence. Since summons case
contains a lesser sentence, there is less probability of the accused violating the court order. Therefore, generally, a
summons is issued for a summons case and a warrant is issued for a warrant case. However, when a summons is
not productive in making a person appear before the court, the count may issue a warrant to a police officer or any
other person to forcibly produce the required person before the court.

Summons
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. Typically, 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.

Procedure for issuing a Summons

When a request in appropriate format is made to the court for compelling the appearance for a person, the court

either rejects the request or issues a Summons. As per Section 204, if in the opinion of the magistrate taking
cognizance of the offence, there is sufficient ground for proceeding, he shall issue a summons if it is a summons
case. If it is a warrants case, he may issue a warrant or a summons as he thinks fit. However, Section 87, empowers
a magistrate to issue a warrant even if the case is a summons case if he has reason to believe that the summons will
be disobeyed. He must record his reasons for this action.
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.

Procedure for serving a Summons

CrPC describes the procedures for serving a summons on various categories of individuals - a person, a corporate
body, a government servant, and a person residing outside the jurisdiction of the court.
Section 62 describes the procedure for serving a Summons on a person as follows (1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in
this behalf, by an officer of the Court issuing it or other public servant.
(2) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to
him one of the duplicates of the summons.
(3) Every person on whom a summons is so served shall, if so required by the serving officer, sign a receipt therefore
on the back of the other duplicate.
In case of Danatram Karsanal, 1968, it was held that summons should not only be shown but a copy of it be left,
exhibited, delivered, or tendered, to the person summoned. In a case, where a copy was tendered to the person, it
was held that the summon was served.

Service of summons on corporate bodies and societies (Section 63) Service of a summons on a corporation may be effected by serving it on the secretary, local manager or other
principle officer of the corporation, or by letter sent by registered post, addressed to the chief officer of the corporation
in India, in which case the service shall be deemed to have been effected when the letter would arrive in ordinary
course of post. In this section, "corporation" means an incorporated company or other body corporate and includes a
society registered under the Societies Registration Act, 1860.
In the case of Central Bank of India vs Delhi Development Authority, 1981, it was held that a Branch Manager is a
local manager and if he has been served the service shall be deemed to have been effected on the company itself.
Service when persons summoned cannot be found (Section 64) Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by
leaving one of the duplicates for him with some adult male member of his family residing with him, and the person
with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the
other duplicate. A servant is not considered to be a member of the family within the meaning of this section.
Procedure when service cannot be effected as before provided (Section 65) If service cannot by the exercise of due diligence be effected as provided in section 62, section 63, or section 64, the
serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead
in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit,
may either declare that the summons has been duly served or order fresh service in such manner as it considers
proper.
The service of summons on a witness can also be done by post. As per Section 69 (1) Notwithstanding anything contained in the preceding sections of this Chapter, a Court issuing a summons to a
witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be
served by registered post addressed to the witness at the place where he ordinarily resides or carries on business or
personally works for gain.
(2) When an acknowledgment purporting to be signed by the witness or an endorsement purporting to be made by a

postal employee that the witness refused to take delivery of the summons has been received, the Court issuing the
summons may declare that the summons has been duly served.

Service of summons on a Govt. employee (Section 66) Section 66 details the procedure for serving a summons on a Government employee as follows (1) Where the person summoned is in the active service of the Government, the Court issuing the summons shall
ordinarily sent it in duplicate to the head of the office in which such person is employed; and such head shall
thereupon cause the summons to be served in the manner provided by section 62, and shall return it to the Court
under his signature with the endorsement required by that section.
(2) Such signature shall be evidence of due service.

Service of summons outside local limits (Section 67) When a Court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall
ordinarily send such summons in duplicate to a Magistrate within whose local jurisdiction the person summoned
resides, or is believed to be there, served.

CrPC 70: Section 70 of the Criminal Procedure Code

Form of warrant of arrest and duration
1. Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the
presiding officer of such Court and shall bear the seal of the Court.
2. Every such warrant shall remain in force until it is cancelled by the Court which issued it, or
until it is executed.

When is a person declared Absconder? Explain the

procedure for publication of proclamation for persons
absconding with reference to Sections 82, 83, 84, 85.
When a person is hiding from his place of residence so as to frustrate the execution of a warrant of arrest, he is said
have absconded. A person may hide within his residence or outside away from his residence. If a person comes to
know about the issuance of a process against him or if he anticipates such a process and hides or quits the country,
he is said to have absconded. In Kartary vs State of UP, 1994, All HC held that when in order to evade the process
of law a person is hiding from (or even in) his place of residence, he is said to abscond. A person is not said to
abscond merely when he has gone to a distant place before the issuance of a warrant. Similarly, it is necessary that
the person is hiding himself and it is not sufficient that an inspector is unable to find him.
Normally, if a person fails to appear before the court even after being served a summons, the court issues a warrant
of arrest. However, if the person absconds to avoid the arrest, the drastic step of Proclamation for Persons
Absconding needs to be taken, which is described in Section 82..

Proclamation for person absconding (Section 82(1)) If the court has reason to believe that a person has absconded to avoid the execution of his arrest warrant, the court

may publish a written proclamation requiring such person to appear before it at the specified place and time. The date
and time of appearance must not be less than thirty days from the date of proclamation.

Procedure for Publication of the Proclamation (Section 82(2)) As per section 82(2), the proclamation must be read in some conspicious place of the town or village in which the
person resides. It shall also be affixed to some conspicuous part of the house in which the person resides or to some
conspicuous place of the town or village. Further, a copy of the same must also be affixed to some conspicious part
of the court house. The court may also direct a copy of the proclamation to be published in a daily newspaper
circulating in the place is which such person ordinarily resides.
The terms of Section 82 are mandatory and a proclamation cannot be issued without first issuing a warrant of arrest.
Therefore, as held in Bishnudayal vs Emperor AIR 1943, if there is no authority to arrest, the issuing of
proclamation would be illegal.

Consequences of Proclamation
Section 83 - Attachment of property of person absconding The publication of proclamation in accordance with the procedure described in section 82, is the last of the steps
taken to produce a person before the court. If the person still fails to appear before the court, Section 83 empowers
the court to attach the property of the person who is absconding at any time. The court must record the reasons for
doing so. The property can be movable or immovable. The property can be any property within the district or even
outside the district of the District magistrate of the other district endorses the proclamation.
Further, if, at the time of making proclamation, the court is satisfied that the person is about to dispose of his property
or is about to move his property out of the jurisdiction of the court, it may order the attachment of the property
simultaneously with the issue of proclamation.
If the property to be attached is a debt or is movable property, the attachment is done either by seizure, by the
appointment of a receiver, by an order ins writing prohibiting the deliver of sch property to the proclaimed person or to
anyone on his behalf. Court can also use any one or more of these modes as it thinks fit. If the property is immovable,
it can be attached by taking possession, by appointing a receiver, by an order prohibiting the payment of rent to the
proclaimed persons or by any or all of these methods.

The law regarding processes to compel the production of documents

The law regarding processes to compel the production of documents and other movable
property is laid down in Sections 91 to 94 of the Code of Criminal Procedure. Such
processes are of two kinds, viz., a summons and a search warrant.
Whenever any court or any officer in charge of a police station considers that any
document or other thing is necessary or desirable for the purposes of any investigation,
inquiry, trial or other proceeding under the Code, such court or officer may issue a
summons or a written order to the person in whose possession or power it is believed to

be requiring him to attend and produce it, or to produce it at the time and place stated in
the summons or order. (Section 91).
If the document or thing is in the custody of a postal or telegraph authority, a District
Magistrate, Chief Judicial Magistrate, the High Court or Court of Sessions may require
the postal or telegraph authority to deliver such document, parcel or thing to such
person as such Magistrate or court directs. (Section 92)
Search warrants are issued:
(i) For production of a document or thing,
(ii) For search of a house suspected to contain stolen property, forged documents, etc.
(iii) For seizing any forfeited publications, and
(iv) For discovery of persons wrongfully confined.