What is Procedure in respect of person in Court? What is Summons or warrant in case of person not so present? What is Copy of order to accompany summons or warrant? Section 112, 113 and 114 of Code of Criminal Procedure 1973

Procedure in respect of person in Court, Summons or warrant in case of person not so present and Copy of order to accompany summons or warrant? are defined under Section 112, 113 and 114 of CRPC 1973. Provisions under these sections are:

 

 

Section 112 of CRPC ".Procedure in respect of person in Court"
If the person in respect of whom such order is made is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him.

 

Section 113 of CRPC ". Summons or warrant in case of person not so present"

If such person is not present in Court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the Court;

Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the Magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest.

 

Section 114 of CRPC "Copy of order to accompany summons or warrant"
Every summons or warrant issued under section 113, shall be accompanied by a copy of the order made under section 111, and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same.

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