Section 113 CrPC: Summons or Warrant for Absent Persons – Code of Criminal Procedure

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Section 113 CrPC: Summons or Warrant for Absent Persons

This section deals with the issuance of summons or warrant for persons who are absent from the place of their usual residence and whose presence is required in a criminal proceeding.

1. The Code:

Section 113 CrPC: “When any person required to attend as a witness or to be examined or otherwise dealt with, by any Criminal Court, is absent from the place of his usual residence, and his attendance cannot be procured by the ordinary process of the Court, such Court may, upon sufficient proof of such absence, issue a summons or warrant, as the case may be, to the place where such person is believed to be, requiring him to attend at the said Court, at a time to be named in such summons or warrant.”

2. Explanation:

  • This section empowers the court to issue summons or warrant to a person who is absent from their usual residence if their attendance is required in a criminal proceeding.
  • The court must be satisfied that the person is absent from their usual residence and that their attendance cannot be secured through ordinary means.
  • The court can issue either a summons or warrant depending on the nature of the case and the seriousness of the offense.
  • The summons or warrant will specify the place where the person is believed to be and the date and time they are required to attend the court.

3. Illustration:

A witness in a murder trial is residing in another state. The trial court is unable to serve him with a summons despite trying various means. The court can, under Section 113 CrPC, issue a warrant to the place where the witness is believed to be, requiring him to attend the court for his testimony.

Also Read  Section 34 CrPC: Withdrawal of Powers - Code of Criminal Procedure

4. Common Questions and Answers:

  • Q: What is considered “sufficient proof” of absence?
    A: The court may consider various factors like information from reliable sources, documentary evidence, or witness statements.
  • Q: What are “ordinary processes” of the court?
    A: This includes issuing summons, sending registered letters, or engaging a process server to serve the summons.
  • Q: When can a warrant be issued instead of a summons?
    A: If the court believes that the person may not appear voluntarily or if their presence is urgently required.
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