What is Proclamation and Attachment under CrPC

Where the summons for the attendance of the accused person is to be issued, but the court believes the accused may abscond or when the accused fails to appear before the court without any reasonable cause, a warrant of arrest is issued.

Now, the warrant of arrest has been issued, and there is reason to believe that the accused has absconded or is hiding himself to avoid execution of the warrant.KEEP READING

Summons under the Criminal Procedure Code

In general, summons means “to appear and answer before the court.”

The presence of the accused during the trial plays a vital role in concluding a fair trial. The attendance of the accused can be procured either by issuing of summons or by arresting and detaining him or by issuing of proclamation or by attachment of property or bonds and sureties.KEEP READING

Bail Under Criminal Procedure Code

According to ‘Black’s Law Dictionary’ the object of bail is to procure the release of a person from legal custody by undertaking that he shall appear at the time and place designated and submit himself to the jurisdiction and judgement of the court.

In ‘Moti Ram vs State of MP’, the court held that there is no definition of bail in the code, although the terms bailable offence and non-bailable offence have been defined.KEEP READING

Nature and Scope of CRPC

1. For administering criminal law in India.
2. Machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person, and the determination of punishment of the guilty.
3. Public nuisance.
4. Prevention of offenses.
5. Maintenance of wife and children.KEEP READING