Uncategorized

What are Summons, Warrants and Proclamation ?

Summons, Warrants and Proclamation are the measures by which court seeks to ensure appearance of parties/accused/witnesses before itself, ranging from commutative to compulsive.

A Summon is an order to appear before the court usually in criminal matters through a police officer.
If summons are not complied with or in extremely serious matters in the first instance only – court may issue a warrant.

A warrant is an order to a police officer usually – to procure a person before the Court. A warrant may be bailable or non bailable – in the former the police officer executing the warrant is empowered to take security for the person’s appearance before the court without taking him in custody, on the other hand – when a warrant is non bailable the police officer arrests the person and produces him before the court, the court then may remand him to custody or grant bail.

However if the person whose appearance is sought, absconds or avoids warrants proclamation can be done. Under proclamation a person is given the final chance to produce himself – this proclamation is pasted at a conspicuous place of his residence or last known address and at the court house (also in national newspapers) giving him 30 days or more to appear in the court as a final chance – if he fails to – he is declared a proclaimed offender – being declared a PO has grave ramifications – a person can be arrested sans warrant by any police officer in the country. His property can be attached and sold. Usually where there is chance of person leaving country – a lookout circular is also issued seeking to rule out chances of leaving the country.

Criminal Law for the Layman by Adv Bharat Chugh

Posted from WordPress for BlackBerry.

Advertisements

5 thoughts on “What are Summons, Warrants and Proclamation ?

  1. dear sir, I wanted a divorce from a bad marriage. the opposite party threatened my life with their goons. they tortured and humiliated me all the places. i must obey her or they will cut my hand and leg. the police did not accept my FIR. i left my job and had to flee from the place. they have booked me under 498 and several others. they have also filed the case where her uncle has influence over the magistrate. the magistrate has issued non bailable warrant.my father has a second wife after my mother died. i dont have good relation with him because of his second marriage. i pleaded him several time to file a return case that they are threatening my life so i am not able to appear in the court but he is not listening.

    this is one of the case i believe where the persons life was threatened and then not allowed him to lodge a fir or even appear at the court. they have hold on the legal system as well as your private life. i think naxalites are the only option available where the judicial and police also choke the life of a person.

    is there a way someone can send a letter to some authority and at least the law would know that the accused is not present due to threatened to his life? and i get a chance to appear at the cour with out the corrupt police handover me to the goons.

    i have lost my job and since then not able to work freely. so i am penniless. i think only option available to me is i have to approach some naxalites or suicide. its a reality that most people have no clue what to do when the police and judicial are in the hands of criminals.

    thank you. great job with your simple way to make common man understand the law. please keep it on. god may bless you

  2. If arrest warrant does not succeed in producing the person to the court due to the fact person is overseas. then can court issue order to relevant department for extradition if that country has extradition treaty signed in india

  3. I wanna know that if the 498a case is quashed
    In HC with mutual consent . What happen to
    The person who declaired PO in same case , can he still be arrested or he needs to clear his name first. If yes , how to get rid of PO status

  4. What if the person (Mr X) who has reported the FIR to Thana as a Brank Manager has retired. Now the after few years the court has asked the person (Mr X) to appear. But Mr x is living in other town, and is unable to appear in the court.

    Please let me know what will be the consequence, if Mr X is not present in the court ?
    Please let me know, if there is any way to get the name out of FIR ?

    1. If Mr.X is the main prosecution witness and is not available, then the prosecution may try to prove its case through other witnesses, if not, it shall lead to an acquittal as the prosecution fails to discharge it’s burden of proof.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s