SUMMONING

A condition precedent to a trial is securing the attendance of the

accused, witnesses or other relevant persons before the court and also
the production of the documents necessary for the investigation, inquiry
or trial. The general rule in criminal trial is that the court should not
proceed ex parte against the accused person. It is also one of the
foremost requirements of fair trial principle that the trial must proceed in
the presence of the accused. The presence of accused during trial is not a
mere formality, but it gives an opportunity to the accused to understand
the prosecution case, witnesses and evidence against him. This gives
him a fair chance to prepare his defense. While taking measures for
ensuring presence of the accused during trial, his personal liberty should
not be lost sight of. The detention of the accused prior to trial will also
cause unnecessary obstruction in the preparation of his defense.
Therefore, if his presence can be reasonably ensured, he should not be
deprived of his liberty

The Sanhita prescribes mainly two processes to compel the

attendance of the accused i.e. issuance of summons to him or issuance of
warrant and arresting him. It is completely within the discretion of the
Magistrate to prefer one method over other. But such discretion must be
exercised judicially.

A.—Summons

A summons is an official legal document issued by a Court that

informs an individual or organization about a legal action or proceeding
that concerns them. It generally contains details about the case, the
court's authority, and the obligation of the recipient to reply. The
summons acts as a formal request for the individual to attend court or
address a legal claim within a designated period.
Not adhering to a summons may result in legal repercussions, including
default judgments, issuance of warrant of arrest or penalties. It plays a
vital role in the legal process by ensuring that all parties are notified and
given a chance to engage in the case. Summons may be issued to
defendants, respondents or witnesses

Whether in a summons case or a warrant case, if the summons has

been issued in the first instance, the Court may, in lieu of or in addition
to summons, issue a warrant where there are reasons to believe that the
person will not obey the summons, or where he does not attend, without
any reasonable excuse, after service of summons.
The court issuing warrant either in lieu of, or in addition to
summons must record reasons for doing so. The requirement for
recording reasons is not a mere formality but it reflects on the exigency
which forced the court to issue warrant. The Court may issue a summons
to any witness on the application of the prosecution or the accused.
The summons is a milder form of process which is issued either for
appearance or for producing a document or thing relevant for the
purposes of investigation, inquiry or trial. The summons may be issued
to an accused or a witness.

Form of summons.

Section 63 of the sanhita deals with formal requirement of summons and

prescribes that:
i) Should be in writing;
ii) Issued in duplicate and signed by the presiding officer of the Court;
iii) Shall bear seal of the Court.
Other than these requirements summons shall also clearly mention
the title of the Court, place, day and time when the attendance of the
person summoned is required. It should also state that such person not to
depart from the court without leave of the court and without ascertaining
the date to which the case may be adjourned. It may be noted that any
defect or omissions in the summons shall not vitiate the trial unless it is
proved before the court that such defect has led to failure of justice e.g.
where the summons issued to accused does not mention the offence and
the accused objected to it within reasonable time.
Legal Provisions:
63. Every summons issued by a Court under this Sanhita shall be,
—
(i) 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 the seal of the Court; or
(ii) in an encrypted or any other form of electronic
communication and shall bear the image of the seal of the Court
or digital signature.

Note: A new addition has been made in the form of clause (ii) of Section
63 BNSS, which states that Courts are now permitted to issue summons
through encrypted communication or any other electronic format that
includes the Court's seal or a digital signature.

Summons how served.

Modes of Service of Summons: Persons authorized for service of summons

are mentioned in section 64. It provides that any police officer or an
officer of the Court issuing it or any public servant may be authorized by
the court issuing it to serve such summons.
. Sections 64-71 of the Sanhita prescribe for different modes for service
of summons depending on the situations, circumstances and persons on
whom it is to be served.
Personal Service of Summons, Substitutions, Service on
Government Servants, Corporations, Witnesses and Persons Outside:
The primary mode is personal service, which means delivering or
tendering one of the duplicates of the summons to the person to be
served.
 If the person to be served cannot be found, by the exercise of due
diligence, service may be effected by leaving one of the duplicates for
him on some adult male member of the family, but not on a servant.
If required, the serving officer may take signature of such
member on the back of the other duplicate. This ensures that the
summons has been properly served. In case even after exercising due
diligence, the summons cannot be served in any of the above modes, it
shall be served by affixing one of the duplicates to some conspicuous
part of the house in which the person summoned ordinarily resides.
The court, after making such inquiries as it thinks fit, may either
declare that the summons has been duly served or order fresh service.
Where the summons to be served to an active Government employee,
the summons is to be forwarded to the head of the office in which the
said person is employed and the latter will cause it to be served as per
section 64.

Where the summons is to be served on a corporation, it is to be

personally served on the secretary, local manager or other principal
officer of the corporation, or by registered post addressed to the chief
officer of the corporation.
Service of summons by post is valid in case of a witness as well.
The 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.
Where the summons is to be served at any place outside the local
jurisdiction of the Court issuing it, the Court shall send the summons for
service to a Magistrate within whose local jurisdiction the service is to
be made.
In case the serving officer is not present at the hearing of the case
and the issue of due service is to be proved, an affidavit of the serving
officer may be made before the Magistrate which should show how the
service was made. Further, a duplicate of the summons purporting to be
endorsed by the person to whom it was delivered or tendered to be
delivered must be produced.
Legal Provisions:

64. (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:
Provided that the police station or the registrar in the Court
shall maintain a register to enter the address, email address, phone
number and such other details as the State Government may, by
rules, provide.
(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:
Provided that summons bearing the image of Court's seal may
also be served by electronic communication in such form and in
such manner, as the State Government may, by rules, provide.
(3) Every person on whom a summons is so served personally
shall, if so required by the serving officer, sign a receipt therefor on the
back of the other duplicate.

Note: The provision has been revised. A new Sub-section (1) has
been added, stipulating that police stations or registrars in the Courts are
responsible for maintaining a register of the required details.
Additionally, a proviso to Sub-section (2) has been introduced, allowing
for the service of summons via electronic communication in a manner
determined by rules set forth by the state government.

Service of summons on corporate bodies, firms, and societies.

65. (1) Service of a summons on a company or corporation may be
effected by serving it on the Director, Manager, Secretary or other
officer of the company or corporation, or by letter sent by registered post
addressed to the Director, Manager, Secretary or other officer of the
company or 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.
 Explanation.—In this section, "company" means a body corporate
and "corporation" means an incorporated company or other body
corporate registered under the Companies Act, 2013 or a society
registered under the Societies Registration Act, 1860.
In the Explanation of Sub-section (1), "Company" is defined as a
body corporate as outlined in the Companies Act of 2013. Additionally,
a new Sub-section (2) has been introduced, which states that a summons
directed to a firm or other association of individuals can be served by
delivering it to any partner of the firm or association, or by sending a
letter via registered post to such a partner. In this case, the service will
be considered complete once the letter arrives in the ordinary course of
postal delivery.

(2) Service of a summons on a firm or other association of

individuals may be effected by serving it on any partner of such firm
or association, or by letter sent by registered post addressed to such
partner, in which case the service shall be deemed to have been
effected when the letter would arrive in ordinary course of post.
Service when persons summoned cannot be found.
66. 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 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.
Explanation.—A servant is not a member of the family within the
meaning of this section.

Note: The language in this provision has been updated. The term "adult
male member" has been changed to "adult member," which promotes
inclusivity and is gender-neutral.

Procedure when service cannot be effected as before provided.

 67. If service cannot by the exercise of due diligence be effected as
provided in section 64, section 65 or section 66, 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.

Note: There is no change in this provision.

Service on Government servant.

68. (1) Where the person summoned is in the active service of the
Government, the Court issuing the summons shall ordinarily send 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 64, 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.

Note: There is no change in this provision.

Service of summons outside local limits.

69. 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, to be there served.

Note: There is no change in this provision.

Proof of service in such cases and when serving officer not present.
70. (1) When a summons issued by a Court is served outside its
local jurisdiction, and in any case where the officer who has served a
summons is not present at the hearing of the case, an affidavit,
purporting to be made before a Magistrate, that such summons has been
served, and a duplicate of the summons purporting to be endorsed (in the
manner provided by section 64 or section 66) by the person to whom it
was delivered or tendered or with whom it was left, shall be admissible
in evidence, and the statements made therein shall be deemed to be
correct unless and until the contrary is proved.
(2) The affidavit mentioned in this section may be attached to the
duplicate of the summons and returned to the Court.
(3) All summons served through electronic communication
under sections 64 to 71 (both inclusive) shall be considered as duly
served and a copy of such summons shall be attested and kept as a
proof of service of summons.

Note: There is a change in this provision. Sub-section (3) to Section 70

has been inserted, which provides legitimacy to service of summons in
any form of electronic communication, and it clarifies that these
summons will be considered duly served.

Service of summons on witness.

71. (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 electronic communication or 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 acknowledgement 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 or on the proof of delivery of summons under sub-section
(3) of section 70 by electronic communication to the satisfaction of
the Court, the Court issuing summons may deem that the summons has
been duly served.
 B.—Warrant of arrest

A warrant is a written order issued and signed by a Magistrate

addressed to a certain person to arrest the accused to take him into
custody and bring him before the Court issuing the warrant. The Sanhita
prescribes two kinds of arrest viz. i) arrest under warrant, and ii) arrest
without warrant.
Ordinarily in all warrant cases arrest may be made under warrant
of the court. A Magistrate taking cognizance of an offence can issue a
warrant for the arrest of the accused. The court empowered to issue
summons for the appearance of any person may issue warrant of arrest
(a) if either before the issue of summons, or after the issue of the same
but before 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.
A warrant of arrest should not, as a general rule, be issued where
summons would be sufficient to secure the ends of justice. Personal
liberty of accused is of paramount importance and where his presence
may be secured otherwise, the court must not issue warrant of arrest. A
warrant once issued remains in force until it is cancelled or executed.
A warrant of arrest may be executed at any place in India and it is
not restricted to the local limits of the jurisdiction of the Magistrate
issuing such warrant.
Generally, a court has no jurisdiction to issue a warrant where the
offence has been committed outside his jurisdiction but in certain
circumstances a Magistrate is empowered to issue a warrant for arresting
a person within his jurisdiction for an offence committed by him outside
his jurisdiction . A warrant may be issued for the arrest of a person who
fails to appear in Court, after having executed a bond in that behalf.
Form of warrant of arrest and duration.

Formal requirements of a warrant of arrest:

Section 72 of the Sanhita provides for form of warrant of arrest. Every
warrant of arrest must satisfy following requirements
i) Issued by a Court;
ii) in writing;
iii) bear name and designation of the person who is to execute it;
iv) give full name and description of the person to be arrested;
v) state the offence charged;
vi) signed by the presiding officer;
vii) bear seal of the Court.

Legal Provision
72. (1) Every warrant of arrest issued by a Court under this Sanhita
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.
Power to direct security to be taken.
73. (1) Any Court issuing a warrant for the arrest of any person
may in its discretion direct by endorsement on the warrant that, if such
person executes a bail bond with sufficient sureties for his attendance
before the Court at a specified time and thereafter until otherwise
directed by the Court, the officer to whom the warrant is directed shall
take such security and shall release such person from custody.
(2) The endorsement shall state—
(a) the number of sureties;
(b) the amount in which they and the person for whose arrest
the warrant is issued, are to be respectively bound;
(c) the time at which he is to attend before the Court.
(3) Whenever security is taken under this section, the officer to
whom the warrant is directed shall forward the bond to the Court.
Warrants to whom directed.

The general rule is that a warrant of arrest should be directed to a police

officer or officers, for execution. Where it is directed to more officers
than one, it may be executed by all or by any one or more of them.
Where the arrest is immediately necessary and no police officer is
available for execution of the warrant, a warrant of arrest may be
directed to a person other than a police officer.
The Sanhita confers special powers on the Chief Judicial Magistrate and
Judicial Magistrate of the First Class to direct any person within his
local jurisdiction to arrest:
i) Any escaped convict,
ii) Proclaimed offender,
iii) Any person accused of a non-bailable offence and is evading arrest.

A warrant directed to a police officer may also be executed by any

other police officer if endorsed by the other police officer. Where a
warrant of arrest is to be executed outside the local jurisdiction of the
Court issuing it, such Court may 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. In cases, when a warrant of arrest is directed to a police
officer is to be executed outside the local jurisdiction of the Court
issuing it, he is required to take the same 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 it is to be executed

Obligations upon the person executing a warrant: The Sanhita

imposes following obligations upon the person executing warrant of
arrest:
(i) To notify the substance of the warrant
The object of notifying the substance is to inform the person arrested of
the charge on which he was being arrested, so that he may arrange for
his release or defense.
(ii) To show the warrant, if required The obligation to show the warrant
arises only if the person to be arrested demands it. It need not be shown
when the substance thereof is notified.
The warrant should be shown in such a manner that the person gets an
opportunity to read it. Non compliance with these requirements will
make the arrest illegal. The person executing a warrant of arrest is under
an obligation to bring the person arrested before the Court without
unnecessary delay.
Bailable Warrants: The term ‘bailable warrant’ is not used in the
Sanhita. Section 73 of the Sanhita confers discretion upon the Magistrate
issuing a warrant of arrest to make it ‘bailable’. Therefore, where the
arrested person executes a bond with sufficient sureties for his
attendance before the Court at a specified time, the officer to whom the
warrant is directed shall take such security and release the person from
custody.
Non-bailable Warrants: Merely because the warrant uses the
expression like ‘non-bailable’ and that such terminology is not to be
found in the Sanhita, by itself cannot render the warrant bad in law.
Under section 72, a Judicial Magistrate can convert warrant of arrest into
a bailable warrant. He may also issue orders with regard to issuance of
non-bailable warrants. It is for the court, clothed with the discretion, to
determine whether the presence of the accused can be secured by a
bailable or non-bailable warrant.

In Raghuvansh Dewanchand Bhasin vs. State of Maharashtra the

Supreme Court has issued directions to the courts below in respect to
non-bailable warrants and made following observation: “Since the
execution of a non-bailable warrant directly involves curtailment of
liberty of a person, warrant of arrest cannot be issued
mechanically/arbitrarily, but only after recording satisfaction that in the
facts and circumstances of the case, it is warranted. The Courts have to
be extra-cautious and careful while directing issue of non-bailable
warrant; else a wrongful detention would amount to denial of
constitutional mandate envisaged in Article 21 of the Constitution of
India.” “But in situations where neither the accused nor his lawyer
appear before the Court on the date given and also fail to file petition
seeking condonation of the absence, the issuance of non-bailable warrant
is justified.”
In Inder Mohan Goswami vs. State of Uttaranchal the Supreme Court
instructed that the non-bailable warrant should not be issued to bring a
person to court when summons or bailable warrants would likely to
serve the purpose. Though issuance of a non-bailable warrant would not
be unjustified where: • It is reasonable to believe that the person will not
voluntarily appear in court; or • The police authorities are unable to find
the person to serve him with a summon; or • It is considered that the
person could harm someone if not placed into custody immediately.
In case of State of U.P. vs. Poosu the Supreme Court made it clear
that before exercising its power to issue non-bailable warrant, the court
should consider factors like the nature and seriousness of the offence
involved; the past conduct of the accused; his age and the possibility of
his absconding.
Recently in the case of Vikas vs. State of Rajasthan the Supreme
Court reiterated that the court should properly balance both personal
liberty and societal interest before issuing warrants. There cannot be any
straightjacket formula for issuance of warrants but as a general rule,
unless an accused is likely to tamper or destroy the evidence or is likely
to evade the process of law, issuance of non-bailable warrants should be
avoided. The court in all circumstances in complaint cases at the first
instance should first prefer issuing summons or bailable warrant failing
which a non-bailable warrant should be issued. The Supreme Court has
modified the orders passed by the Trial Court and confirmed by the High
Court, and directed that summons be issued against the appellant for his
appearance.
Legal Provisions
74. (1) A warrant of arrest shall ordinarily be directed to one or
more police officers; but the Court issuing such a warrant may, if its
immediate execution is necessary and no police officer is immediately
available, direct it to any other person or persons, and such person or
persons shall execute the same.
 (2) When a warrant is directed to more officers or persons than
one, it may be executed by all, or by any one or more of them.

Warrant may be directed to any person.

75. (1) The Chief Judicial Magistrate or a Magistrate of the first
class may direct a warrant to any person within his local 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.
(2) Such person shall acknowledge in writing the receipt of the
warrant, and shall execute it if the person for whose arrest it was issued,
is in, or enters on, any land or other property under his charge.
(3) When the person against whom such warrant is issued is
arrested, he shall be made over with the warrant to the nearest police
officer, who shall cause him to be taken before a Magistrate having
jurisdiction in the case, unless security is taken under section 73.

Warrant directed to police officer.

76. A warrant directed to any police officer may also be executed
by any other police officer whose name is endorsed upon the warrant by
the officer to whom it is directed or endorsed.

Notification of substance of warrant.

77. The police officer or other person executing a warrant of arrest
shall notify the substance thereof to the person to be arrested, and, if so
required, shall show him the warrant.

Person arrested to be brought before Court without delay.

78. The police officer or other person executing a warrant of arrest
shall (subject to the provisions of section 73 as to security) without
unnecessary delay bring the person arrested before the Court before
which he is required by law to produce such person:
Provided that such delay shall not, in any case, exceed twenty-four
hours exclusive of the time necessary for the journey from the place of
arrest to the Magistrate's Court.
Where warrant may be executed.
79. A warrant of arrest may be executed at any place in India.

Warrant forwarded for execution outside jurisdiction.

80. (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 83 to decide
whether bail should or should not be granted to the person.

Warrant directed to police officer for execution outside jurisdiction.

81. (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.

Procedure on arrest of person against whom warrant issued.

82. (1) 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 73, be
taken before such Magistrate or District Superintendent or
Commissioner.
(2) On the arrest of any person referred to in sub-section (1),
the police officer shall forthwith give the information regarding such
arrest and the place where the arrested person is being held to the
designated police officer in the district and to such officer of another
district where the arrested person normally resides.

Procedure by Magistrate before whom such person arrested is

brought.
83. (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 bond to the satisfaction of such Magistrate,
District Superintendent or Commissioner, or a direction has been
endorsed under section 73 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 bond or
security, as the case may be, and forward the bond, to the Court which
issued the warrant:
Provided further that if the offence is a non-bailable one, it shall be
lawful for the Chief Judicial Magistrate (subject to the provisions of
section 480), or the Sessions Judge, of the district in which the arrest is
made on consideration of the information and the documents referred to
in sub-section (2) of section 80, to release such person on bail.
(2) Nothing in this section shall be deemed to prevent a police
officer from taking security under section 73.

C.—Proclamation and attachment

Proclamation and Attachment of property: The object of

proclamation and attachment of property is to put considerable pressure
on the accused so as to impel him to appear before the court in order to
avoid deprivation of his property. A proclamation cannot be issued
without first issuing a warrant of arrest. Before issuing a proclamation
the court must satisfy itself that a warrant of arrest had already been
issued and that the accused is absconding, concealing or evading the
execution of warrant of arrest.
Procedure for issuance of proclamation: Where the court has
reason to believe that any person against whom a warrant has been
issued by it
i) has absconded, or
ii) concealing himself to avoid execution of warrant,
may publish a written proclamation requiring him to appear at a
specified time and place not less than 30 days from the date of
publishing such proclamation. The Court issuing such proclamation may
at any time thereafter, order the attachment of any property, movable or
immovable or both, belonging to the proclaimed person.
If the proclaimed person appears within the time specified in the
proclamation, the court shall make an order releasing the property from
the attachment.
Modes of publication: Section 84(2) prescribes three modes for
publication of proclamation. These are:
i) The proclamation shall be publicly read in some conspicuous
place of the town or village in which such person ordinarily resides;
ii) The proclamation shall be affixed to some conspicuous part of
the house in which such person ordinarily resides or to some
conspicuous place of such town or village;
 iii) A copy of the proclamation shall be affixed to some
conspicuous part of the Court house.
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.
Procedure regarding attachment of property: The court issuing
proclamation, at any time after the issue of proclamation, may order the
attachment of property belonging to proclaimed person. The purpose of
attachment of the property of the absconder is not to punish him but to
procure his presence. If the proclaimed person does not appear within
the time specified in the proclamation, the property under the attachment
shall be at the disposal of the State Government. But it can be sold in
following situations: i) Where the time period of six months from the
date of the attachment is expired, and ii) Where any claim preferred or
objection made under section 84 is disposed of. Provided further that
where the property is subject to speedy and natural decay, or the sale
would be for the benefit of the owner, the court may cause it to be sold
whenever it thinks fit.
Though no time limit is prescribed for issuing a proclamation
under section 85 but the general rule is that an order of attachment
should be made only after the issuance of proclamation. But in certain
circumstances the Sanhita allows issuance of an order of attachment
simultaneously with the issue of the proclamation and such order shall
not be held illegal.
The situations are referred hereunder
i) Where the proclaimed person is about to dispose of the whole or
any part of his property, or
ii) Where the proclaimed person is about to remove the whole or
any part of his property from the local jurisdiction of the court.
This provision removed the hardship in cases where the person
concerned, even before knowing issuance of proclamation, finds his
property being attached.
Proclamation for person absconding.
84. (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 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.
(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 which is made punishable with
imprisonment of ten years or more, or imprisonment for life or with
death under the Bharatiya Nyaya Sanhita, 2023 or under any other law
for the time being in force, 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).
Attachment of property of person absconding.
85. (1) The Court issuing a proclamation under section 84 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 of property 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—
(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 any one on his behalf; or
(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 situate, 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 any one 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.
Identification and attachment of property of proclaimed person.
86. The Court may, on the written request from a police officer not
below the rank of the Superintendent of Police or Commissioner of
Police, initiate the process of requesting assistance from a Court or an
authority in the contracting State for identification, attachment and
forfeiture of property belonging to a proclaimed person in accordance
with the procedure provided in Chapter VIII.
Claims and objections to attachment.
87. (1) If any claim is preferred to, or objection made to the
attachment of, any property attached under section 85, 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 85, 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 85, 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:
Provided that, if it is preferred or made in the Court of a Chief
Judicial Magistrate, he may make it over for disposal to any Magistrate
subordinate to him.
(4) Any person whose claim or objection has been disallowed in
whole or in part by an order under sub-section (1) may, within a period
of one year from the date of such order, institute a suit to establish the
right which he claims in respect of the property in dispute; but subject to
the result of such suit, if any, the order shall be conclusive.

Release, sale and restoration of attached property.

88. (1) If the proclaimed person appears within the time specified
in the proclamation, the Court shall make an order releasing the property
from the attachment.
(2) If the proclaimed person does not appear within the time
specified in the proclamation, the property under the attachment shall be
at the disposal of the State Government; but it shall not be sold until the
expiration of six months from the date of the attachment and until any
claim preferred or objection made under section 87 has been disposed of
under that section, unless it is subject to speedy and natural decay, or the
Court considers that the sale would be for the benefit of the owner; in
either of which cases the Court may cause it to be sold whenever it
thinks fit.
(3) If, within two years from the date of the attachment, any person
whose property is or has been at the disposal of the State Government
under sub-section (2), appears voluntarily or is apprehended and brought
before the Court by whose order the property was attached, or the Court
to which such Court is subordinate, and proves to the satisfaction of such
Court that he did not abscond or conceal himself for the purpose of
avoiding execution of the warrant, and that he had not such notice of the
proclamation as to enable him to attend within the time specified therein,
such property, or, if the same has been sold, the net proceeds of the sale,
or, if part only thereof has been sold, the net proceeds of the sale and the
residue of the property, shall, after satisfying therefrom all costs incurred
in consequence of the attachment, be delivered to him.
Appeal from order rejecting application for restoration of attached
property.
89. Any person referred to in sub-section (3) of section 88, who is
aggrieved by any refusal to deliver property or the proceeds of the sale
thereof may appeal to the Court to which appeals ordinarily lie from the
sentences of the first-mentioned Court.

D.—Other rules regarding processes

Issue of warrant in lieu of, or in addition to, summons.

90. A Court may, in any case in which it is empowered by this
Sanhita 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.
Power to take bond or bail bond for appearance.
91. 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 or bail bond for his appearance in such Court, or any other
Court to which the case may be transferred for trial.
Arrest on breach of bond or bail bond for appearance.
92. When any person who is bound by anybond or bail
bond taken under this Sanhita to appear before a Court, does not appear,
the officer presiding in such Court may issue a warrant directing that
such person be arrested and produced before him.
Provisions of this Chapter generally applicable to summons and
warrants of arrest.
93. The provisions contained in this Chapter relating to summons
and warrant, and their issue, service and execution, shall, so far as may
be, apply to every summons and every warrant of arrest issued under this
Sanhita.