6 Ways or Processes to Compel a person to Appear in the Court.

            Ways for processes to compel a person to appear in court they are - 

 1) Summons - 

 2) Warrant 

 3) Warrant in lieu of summons 

4) Proclamation of an absconder 

5) Attachment of his property and 

6) Bond with or without sureties to appear before a court on a certain date. 

6 Ways or Processes to Compel a person to Appear in the Court.

1) Summons - 

         Summons is a document issued by a Court of Justice calling upon the person to whom it is directed to attend before a judge or officer of the Court. It also means to notify a defendant that an action has been commenced against him in which he may file and answer or plead in some other fashion. Summons should be clear and specified because it is a milder form of process issued for enforcing the appearance of the accused or of witness and for the production of a document or thing.                According to Section 61 of the code of criminal procedure, every summons issued by a court under this Code shall be in writing, in duplicate, signed by the presiding officer of such Court, or by such other officer as the High Court may, from time to time by rule direct and shall bear this seal of the Court. According to Section 61 of the Code of Criminal Procedure 1973 summons may be sent to - (a) The accused (b) A witness (c) A person to show cause against some order, and (d) The person proceeded against under section 125 of the Code. 

2) Warrant - 

         A warrant is a written order of a Magistrate giving official authority to arrest a suspected criminal or accused person. The Code of Criminal Procedure does not define the expression warrant of arrest but it is clear form the code that a warrant is an order address to a certain person to arrest the accused, to take him into custody and bring him before the court issuing the warrant. 

3) Warrant in lieu of summons - 

                 According to Section 87 of the Code of Criminal Procedure - A Court may, in any case in which it is empowered by this Code to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest- (a) if, either before the issue of such summons, or after the issue of the same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons; or (b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure. 

4) Proclamation of an absconder - 

                 Section 82 of the Code of Criminal Procedure 1973 provides - 

           (1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may public 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. 

            (2) The proclamation shall be published as follows:- (i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides; 

           (b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village; 

           (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). 

5) Attachment of his property of person absconding - 

                 Section 83 of the code of criminal procedure provides that - 

            (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, - 

                        (a) is about to dispose of the whole or any part of his property, or 

                        (b) 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 authorize the attachment of any property belonging to such person within the district in which it is made, and it shall authorize the attachment of any property belonging to such person without such district when endorsed by the District Magistrate within whose district such property is situated. 

             (3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made- 

                       (a) by seizure; or 

                       (b) by the appointment of a receiver; or 

                       (c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to anyone on his behalf; on 

                       (d) 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 situated, and in all other cases- 

                        (a) by taking possession; or 

                        (b) by the appointment of a receiver; or 

                        (c) by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed person or to anyone on his behalf; or 

                        (d) 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). 

6) Bond with or without sureties to appear before a court on a certain date -

                   Section 88 of the Code of Criminal Procedure deals with the power to take Bond for appearance. It provides that when any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, such officer may require such person to execute a bond, with or without sureties, for his appearance in such Court, or any other Court to which the case may be transferred for trial. 

                     Section 88 of the Code is only applicable to persons who are present in court but not the person at houses to compel them to execute bonds for appearance in court with or without securities where an accused is already in custody, Section 88 has no application. 

See also...

Distinction/Difference between Arrest and Custody

When Police May Arrest Without Warrant | Criminal Law

Courts of Judicial Magistrates (CrPC)

Aid to the Magistrates and the Police by the Public 

Classes of criminal courts (Criminal Procedure Code 1973)

What is FIR and what are the requirements of FIR?

Judgment: Meaning, Definition and Essentials of Judgment

Decree: Meaning, definition and Types of Decree

Difference/Distinction Between A Court and Tribunal

Child Welfare Committees | Juvenile Justice Act, 2015

Aid to the Magistrates and the Police by the Public 

Classes of criminal courts (Criminal Procedure Code 1973)