CrPC Forms 5, 6 and 7: Proclamation and Attachment Orders

Forms 5, 6 and 7 formed part of the Second Schedule to the Code of Criminal Procedure, 1973 (CrPC). They dealt with proclamation for the attendance of a witness and attachment orders used to compel the attendance of a witness or the appearance of an accused person.

Historical law note: This article explains the CrPC position applicable before the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force on 1 July 2024. It is retained for proceedings, research and references requiring the pre-BNSS CrPC framework. For current criminal procedure, consult the applicable BNSS provisions and forms.

Relevant CrPC sections Form No. 5 Form No. 6 Form No. 7

Relevant CrPC provisions before BNSS

Section 82 - Proclamation for person absconding

Section 82 empowered a Court, after a warrant had been issued and the Court had reason to believe that the person against whom it was issued had absconded or was concealing himself so that the warrant could not be executed, to publish a written proclamation requiring that person to appear at a specified place and time in accordance with the statutory procedure.

Section 83 - Attachment of property of person absconding

Section 83 empowered the Court issuing a proclamation under Section 82, for reasons recorded in writing, to order attachment of movable or immovable property belonging to the proclaimed person. The provision also prescribed modes of attachment and circumstances in which simultaneous attachment could be ordered.

Section 87 - Warrant in lieu of, or in addition to, summons

Section 87 permitted a Court empowered to issue a summons for the appearance of a person to issue a warrant, after recording reasons in writing, where the statutory conditions were satisfied, including where the Court believed that the person had absconded or would not obey the summons.

Section 90 - General application to summons and warrants

Section 90 made the provisions contained in the relevant Chapter relating to summons and warrants, and their issue, service and execution, generally applicable to summons and warrants of arrest issued under the CrPC, so far as applicable.

CrPC Form No. 5

Proclamation Requiring the Attendance of a Witness

See Sections 82, 87 and 90

WHEREAS complaint has been made before me that _________ (name, description and address) has committed (or is suspected to have committed) the offence of _________ (mention the offence concisely) and a warrant has been issued to compel the attendance of _________ (name, description and address of the witness) before this Court to be examined touching the matter of the said complaint; and whereas it has been returned to the said warrant that the said _________ (name of witness) cannot be served, and it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant);

Proclamation is hereby made that the said _________ (name) is required to appear at _________ (place) before the Court of _________ on the _________ day of _________ next at _________ o'clock to be examined touching the offence complained of.

Dated, this _________ day of _________, 20 _________

(Seal of the Court)

(Signature)

CrPC Form No. 6

Order of Attachment to Compel the Attendance of a Witness

See Section 83

To the Officer in charge of the Police station at _________

WHEREAS a warrant has been duly issued to compel the attendance of _________ (name, description and address) to testify concerning a complaint pending before this Court, and it has been returned to the said warrant that it cannot be served; and whereas it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant); and thereupon a proclamation has been or is being duly issued and published requiring the said _________ to appear and give evidence at the time and place mentioned therein;

This is to authorise and require you to attach by seizure the movable property belonging to the said _________ to the value of rupees _________ which you may find within the District of _________ and to hold the said property under attachment pending the further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution.

Dated, this _________ day of _________, 20 _________

(Seal of the Court)

(Signature)

CrPC Form No. 7

Order of Attachment to Compel the Appearance of a Person Accused

See Section 83

To _________ (name and designation of the person or persons who is or are to execute the warrant).

WHEREAS complaint has been made before me that _________ (name, description and address) has committed (or is suspected to have committed) the offence of _________ punishable under section _________ of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said _________ (name) cannot be found; and whereas it has been shown to my satisfaction that the said _________ (name) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published requiring the said _________ to appear to answer the said charge within _________ days; and whereas the said _________ is possessed of the following property, other than land paying revenue to Government, in village (or town), of _________ in the District of _________, viz. _________, _________ and an order has been made for the attachment thereof;

You are hereby required to attach the said property in the manner specified in clause (a), or clause (c), or both, of sub-section (2) of section 83, and to hold the same under attachment pending further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution.

Dated, this _________ day of _________, 20 _________

(Seal of the Court)

(Signature)

Practical context of Forms 5, 6 and 7

Form No. 5 was the prescribed proclamation relating to a witness whose attendance was sought after a warrant could not be served and the Court was satisfied about absconding or concealment. Form No. 6 provided the corresponding attachment order directed to the officer in charge of a police station for movable property of the witness. Form No. 7 dealt with attachment of property to compel the appearance of an accused person following the proclamation process.

The forms above reproduce the pre-BNSS CrPC framework for reference. Court practice, local rules, amendments and the law applicable to the date of the proceeding should also be checked before use.