Section 136 CrPC: Consequences of Failing to Comply – Code of Criminal Procedure

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Section 136 CrPC: Consequences of Failing to Comply

This section of the Code of Criminal Procedure (CrPC) deals with the consequences of failing to comply with a summons or order issued by a Magistrate. It outlines the legal ramifications for individuals who disregard such legal directives.

1. State the Code

Section 136 CrPC:

“When any person, to whom any summons or order has been duly served, fails without sufficient cause to comply with such summons or order, he shall be deemed to be guilty of an offence under this Code, and the Magistrate may, after giving him an opportunity of being heard, pass an order in writing, directing that he be detained in custody for a term not exceeding one month, or that he pay a fine not exceeding one thousand rupees, or both.”

2. 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.

3. 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.

Also Read  CrPC Section 348: Discharge on Apology - Explained

4. 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.
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