Response

Chapter VI of the Code of Criminal Procedure, 1973 deals with the process to compel appearance. Once a bailable or non bailable warrant has been issued, Section 76 requires the police officer or other person, who executes the warrant to bring the person arrested before the Court

If the accused does not appear in Court even after the issuance of warrant of arrest, then the Magistrate can compel the presence of the accused by issuing proclamation of absconding accused and further order attachment of property of person absconding under Sections 82 & 83 of Code of Criminal Procedure, 1973.

The Court should have reason to believe that the person against whom a warrant has been issued by its has absconded. After recoding such satisfaction, the Court should require the concerned person to appear at a specified place and at a specified time, not less than 30 days.

Only being an accused of a non-bailable offence is not a ground to issue warrant of arrest, as per the provisions of Section 73 of the Code. The said accused who is wanted in a case involving a non-bailable offence, must also be evading his arrest. So the police is issued the warrant by the court to get the person from anywhere be it a out of state address.

Reference: Section 82 of Code of Criminal Procedure, Section 83 of Code of Criminal Procedure, Section 76 of Code of Criminal Pocedure
case ref.
1.Sh. Kuldeep Singh vs State on 20 December, 2014
2.Inder Mohan Goswami & Another vs State Of Uttaranchal & Others on 9 October, 2007
3.Dr. U.N. Biswas vs Union Of India & Ors. on 29 April, 1998

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LAWAYZ-2023-334