Code
If such person does not perform such act or appear and show cause, he shall be liable to the penalty prescribed in that behalf in section 188 of the Indian Penal Code (45 of 1860), and the order shall be made absolute.
Explanation
This section emphasizes the importance of complying with legal directives issued by a Magistrate. It establishes a legal framework for holding individuals accountable for their non-compliance. If someone fails to appear before a Magistrate when summoned or fails to obey a lawful order, they can be subjected to legal consequences.
It’s crucial to note that “sufficient cause” is a key element in this section. If a person has a legitimate reason for not complying, they can provide evidence to the Magistrate, who will then decide whether the excuse is valid.
Illustration
Imagine a witness who is summoned to appear in court but fails to show up without informing the Magistrate. The Magistrate, after confirming that the summons was properly served, can issue a warrant for the witness’s arrest under Section 136 CrPC. The witness would then have to face the Magistrate and explain their absence. The Magistrate would then decide whether the reason is sufficient or not and impose the appropriate punishment, if any.
Common Questions and Answers
Q: What are the consequences of failing to comply with a summons?
A: The consequences can include detention in custody, a fine, or both. The maximum term of detention is one month, and the maximum fine is one thousand rupees.
Q: What is “sufficient cause”?
A: Sufficient cause refers to a valid reason for not complying with the summons or order. This could include illness, an emergency situation, or a legal impediment.
Q: Can I be punished under Section 136 CrPC if I have a valid reason for not complying?
A: No. If you have a valid reason for not complying, you can present evidence to the Magistrate. They will then decide if your reason is sufficient.
