Cr.PC One Liner Study Notes

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  • duplicate. (Sec 64)
  • A servant is not a member of the family within the meaning of section 64.
  • Where summon can’t be served as provided in sec 62, 63 or 64, the serving officer shall affix the summon in duplicate to some conspicuous part of the house. (Sec 65)
  • Where the person to whom a summon is to be served, in active service of the government, then summon shall be sent to the head of the office. (Sec 66)
  • Every warrant of arrest issued by a court shall be in writing, shall be signed by presiding officer of the court and it shall bear the seal of the court. (Sec 70)
  • The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested and if required, shall show him the warrant. (Sec 75)
  • Under sec 77, a warrant of arrest may be executed at any place in India.
  • A person who is avoiding execution of a warrant may be proclaimed absconded under section 82.
  • A proclamation under section 82(1) requiring a person to appear must be published giving not less than 30 days’ time to the person concerned, to appear at a specified place and at specified time.
  • In order to compel appearance of a person who is absconding in spite of a warrant of arrest being issued against him, his property may be ordered to be attached simultaneously with issuance of a proclamation under section 82, provided that the court is satisfied that such person is about to dispose of the whole or any part of his property, or is about to remove he whole or any part of his property from the local jurisdiction of the court. (Sec 83)
  • Attachment of land paying revenue to the state government of a person absconding shall be made through collector of the district where land is situated. (Sec 83(4))
  • Under sec 83(1) (a), the court may order proclamation and attachment simultaneously.
  • A person, other than the proclaimed person, can object within 6 months from the date of attachment on the ground that such claimant or objector has an interest in such property. And if the claim or objection has been disallowed then such claimant may within 1 year from such order institute a suit to establish the right which he claims. (Sec 84)
  • A proclaimed person whose property has been attached can claim the property or the sale proceeds on appearance within 2 years from the date of attachment.
  • A court empowered to issue summons for the appearance of a person, may issue after recording its reasons in writing, a warrant for his arrest if either before issuing summons or after issuing the same but before the time fixed for his appearance, the court sees reason to believe that he has absconded or will not obey the summons or if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such delay. (Sec 87)
  • Under section 91, summons to produce documents may be issued to the person in whose possession they are.
  • Section 91 doesn’t apply to accused.
  • Any criminal court can impound any document produced before it.
  • A person, who is required merely to produce a document or thing under section 91 can either attend personally or cause the document or thing produced in court. 
  • Section 92 of Crpc lays down the procedure for the production of documents in the custody of postal or telegraph authority.

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