Processes To Compel Appearance MCQ Quiz in मल्याळम - Objective Question with Answer for Processes To Compel Appearance - സൗജന്യ PDF ഡൗൺലോഡ് ചെയ്യുക

The correct answer is Option 1.Key Points

• Sections 61 to 90 of the Criminal Procedure Code 1973 deal with the processes to compel appearance.
• Chapter VI of the Criminal Procedure Code 1973 deals with processes to compel appearance.
• Appearance can be compelled by the following processes:
  1. Summons (sections 61-69): 
  • ​Summons are issued in all summon cases. It is issued at first instance and is a milder process.
  • Every summon issued by the court shall be in writing, in duplicate signed by the presiding officer of such court and bear the seal of the court
  • It should specify the title of the court, date, time and place when the attendance of the person summoned is required.
  • Summons should be served personally, its copy is to be left, exhibited and delivered to the person summoned.
• 2. Warrants (sections 70-81):
  • A warrant is issued in cases of offence that are punishable with imprisonment exceeding two years.
  • ​It is issued when a person is deliberately avoiding the service of the summons and is a harsher process.
  • ​A warrant must be in writing and it must give the full name and address of the person who has to execute it.
  • It must clearly specify the offence and give the name and description of the person to be arrested.
  • It must bear the seal of the court and must be signed by the presiding officer.
  • Warrant remains in force until executed or cancelled by the court.
• 3. Proclamation and Attachment (sections 82-86):
  • To enforce the execution of the warrant, the court can issue a proclamation (section 82) and attach the property of the proclaimed person (section 83).
  • When the court issues the warrant of arrest and the accused has absconded or concealed himself to avoid the execution of the warrant then in that case, the court may publish a written proclamation and may attach the property.
  • Attached property may be sold if the accused fails to appear as required by the proclamation.
  • The proclamation cannot be issued without issuing the warrant of arrest, first.
• 4. Taking bonds (sections 88-90):
  • When a person against whom summons or warrant is to be issued is already present in the court then in that case the court may require such person to execute the bond with or without sureties, for appearance in the court.

Key Points

 Section 84 of the Code of Criminal Procedure (CrPC) deals with claims and objections to the attachment of property.

• If someone (other than the proclaimed person) claims or objects to the attachment of property under Section 83, they must do so within six months from the date of attachment.
• The claim or objection should be based on their interest in the property, stating that their interest should not be subject to attachment under Section 83.
• The court will then investigate the claim or objection and may either accept or reject it, in whole or in part.
• If the person making the claim or objection dies during this period, their legal representative can continue the claim or objection
• Claims or objections can be made in the court that issued the attachment order. If the attachment was ordered by a different court under Section 83(2), the claim or objection should be made in the Court of the Chief Judicial Magistrate of the district where the attachment occurred.
• The court that receives the claim or objection will investigate it. If it is made in the Court of a Chief Judicial Magistrate, the Magistrate may assign it to a subordinate Magistrate for investigation.
• If a person's claim or objection is rejected in whole or in part, they have one year from the date of the rejection order to file a lawsuit to establish their right to the disputed property.
• Until the lawsuit is resolved, the court's rejection order remains final.