In legal proceedings, the presence of certain individuals—such as parties, witnesses, or accused persons—is often crucial for the fair and effective disposal of a case. When such individuals fail to appear voluntarily, the court has the authority under the Code of Criminal Procedure, 1973 (CrPC) and Code of Civil Procedure, 1908 (CPC) to issue specific orders to compel attendance. The main orders include:
- Summons –
A summons is a written order issued by a court, directing a person to appear at a specific time and place for legal proceedings. It is the first and least coercive method, generally used for witnesses or parties. Non-compliance may lead to stricter measures. - Warrant of Arrest –
If a person, after receiving a summons, willfully fails to appear without valid reason, the court may issue a bailable or non-bailable warrant to secure their presence. This is more coercive and usually employed in criminal matters. - Proclamation for Absconding Person –
Under Sections 82–83 CrPC, if the person is absconding or concealing themselves to avoid arrest, the court can issue a proclamation requiring them to appear within a specified period. Their property may also be attached if they still fail to appear. - Attachment of Property –
When a proclaimed person still fails to attend, the court can order the seizure of their movable or immovable property to compel attendance. - Bond and Sureties –
In some cases, the court may require a person to furnish a bond with sureties to ensure their future attendance in court proceedings.
Conclusion –
Courts follow a graded approach—from summons to warrants, proclamations, and property attachment—to secure attendance. These powers balance the need for justice with the individual’s rights, escalating only when non-compliance persists.