CrPC Forms 34, 35 and 36: Warrant of Commitment, Compensation Default and Production of Prisoner
Forms 34, 35 and 36 formed part of the Second Schedule to the Code of Criminal Procedure, 1973. They dealt respectively with execution of a sentence of imprisonment or fine, imprisonment following failure to pay compensation under section 250, and production before a Court of a person confined or detained in prison under section 267.
Legal provisions connected with Forms 34, 35 and 36
Section 235 CrPC - judgment of acquittal or conviction in a Sessions trial: after hearing arguments and points of law, the Judge gives judgment; where the accused is convicted, the Court hears the accused on sentence and then passes sentence according to law, subject to the statutory exception.
Section 248 CrPC - acquittal or conviction in a warrant case instituted otherwise than on a police report: after the prescribed trial process, the Magistrate records acquittal if the accused is found not guilty; on conviction, the accused is heard on sentence before sentence is passed, subject to the Code.
Section 255 CrPC - acquittal or conviction in a summons case: after taking the evidence and such further evidence as the Magistrate may require, the Magistrate acquits the accused if not guilty or passes sentence according to law if guilty, subject to the applicable provisions.
Section 250 CrPC - compensation for accusation without reasonable cause: in the circumstances specified by the section, a Magistrate may call upon the complainant or informant to show cause why compensation should not be paid to the accused and may order compensation after considering the cause shown. Form 35 is the prescribed warrant where imprisonment follows failure to pay such compensation.
Section 267 CrPC - power to require attendance of prisoners: where a person confined or detained in prison is required to answer a charge, for a proceeding against that person, or as a witness, the Court may make an order requiring the officer in charge of the prison to produce the person before the Court, subject to the provisions governing such production.
CrPC Form No. 34
Warrant of Commitment on a Sentence of Imprisonment or Fine if Passed by a Court
See sections 235, 248 and 255
To the Officer in charge of the Jail at _____
WHEREAS on the _____ day of _____, _____ (name of prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. _____ of the Calendar for 20 _____, was convicted before me _____ (name and official designation) of the offence of _____ (mention the offence or offences concisely) under section _____ (or sections) of the Indian Penal Code (or of _____ Act _____), and was sentenced to _____ (state the punishment fully and distinctly);
This is to authorise and require you to receive the said _____ (prisoner's name) into your custody in the said Jail, together with this warrant, and thereby carry the aforesaid sentence into execution according to law.
Dated, this _____ day of _____, 20 _____
(Seal of the Court)
(Signature)
CrPC Form No. 35
Warrant of Imprisonment on Failure to Pay Compensation
See section 250
To the Officer in charge of the Jail at _____
WHEREAS _____ (name and description) has brought against _____ (name and description of the accused person) the complaint that _____ (mention it concisely) and the same has been dismissed on the ground that there was no reasonable ground for making the accusation against the said _____ (name) and the order of dismissal awards payment by the said _____ (name of complainant) of the sum of rupees _____ as compensation; and whereas the said sum has not been paid and an order has been made for his simple imprisonment in Jail for the period of _____ days, unless the aforesaid sum be sooner paid;
This is to authorise and require you to receive the said _____ (name) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of _____ (term of imprisonment), subject to the provisions of section 69 of the Indian Penal Code, unless the said sum be sooner paid, and on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution.
Dated, this _____ day of _____, 20 _____
(Seal of the Court)
(Signature)
CrPC Form No. 36
Order Requiring Production in Court of Person in Prison for Answering to Charge of Offence
See section 267
To the Officer in charge of the Jail at _____
WHEREAS the attendance of _____ (name of prisoner) at present confined/detained in the above-mentioned prison, is required in this Court to answer to a charge of _____ (state shortly the offence charged) or for the purpose of a proceeding (state shortly the particulars of the proceeding);
You are hereby required to produce the said _____ under safe and sure conduct before this Court _____ on the _____ day of _____, 20 _____, by _____ A.M. there to answer to the said charge, or for the purpose of the said proceeding, and after this Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison.
And you are further required to inform the said _____ of the contents of this order and deliver to him the attached copy thereof.
Dated, this _____ day of _____, 20 _____
(Seal of the Court)
(Signature)
Countersigned.
(Signature)
(Seal)
Practical distinction between the three forms
Form 34 is an execution warrant following conviction and sentence. Form 35 concerns custody arising from non-payment of compensation ordered under section 250. Form 36 is not a sentence warrant: it is a production order used to bring a person already confined or detained in prison before the Court for answering a charge or for the stated proceeding.
The blank statutory formats should be completed according to the judicial order, case record and law applicable to the proceeding. This page reproduces the CrPC forms for legal information and historical reference.