CrPC 72: Section 72 of the Criminal Procedure Code

December 16, 2014

Warrants to whom directed

  1. A warrant of arrest shall ordinarily be directed to one or more police officers; but the Court issuing such a warrant may, if its immediate execution is necessary and no police officer is immediately available, direct it to any other person or persons, and such person or persons shall execute the same.
  2. When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or more of them.

CrPC 71: Section 71 of the Criminal Procedure Code

December 16, 2014

Power to direct security to be taken

  1. Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court the officer to whom the warrant is directed shall take such security and shall release such person from custody.
  2. The endorsement shall state-
    1. the number of sureties;
    2. the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound;
    3. the time at which he is to attend before the Court.
  3. Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court.

CrPC 70: Section 70 of the Criminal Procedure Code

December 16, 2014

Form of warrant of arrest and duration

  1. Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court.
  2. Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.

CrPC 69: Section 69 of the Criminal Procedure Code

December 16, 2014

Service of summons on witness by post

  1. Notwithstanding anything contained in the preceding section of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the place where he ordinarily resides or carries on business or personally works for gain.
  2. When an acknowledgment purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received, the Court issuing the summons may declare that the summons has been duly served.

CrPC 68: Section 68 of the Criminal Procedure Code

December 16, 2014

Proof of service in such cases and when serving officer not present

  1. When a summons issued by a Court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 62 or section 64) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.
  2. The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.

CrPC 67: Section 67 of the Criminal Procedure Code

December 16, 2014

Service of summons outside local limits

When a Court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served.

CrPC 66: Section 66 of the Criminal Procedure Code

December 16, 2014

Service on Government servant

  1. Where the person summoned is in the active service of the Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by section 62, and shall return it to the Court under his signature with the endorsement required by that section.
  2. Such signature shall be evidence of due service.

CrPC 65: Section 65 of the Criminal Procedure Code

December 16, 2014

Procedure when service cannot be effected as before provided

If service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service in such manner as it considers proper.

CrPC 64: Section 64 of the Criminal Procedure Code

December 16, 2014

Service when persons summoned cannot be found

Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.
Explanation – A servant is not a member of the family within the meaning of this section.

CrPC 249: Section 249 of the Criminal Procedure Code

December 16, 2014

Absence of complainant

When the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.

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