Code of Criminal Procedure Explained

The Code of Criminal Procedure forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:

Section 87 — Issue of Warrant in Lieu of Summons

• Where a court is empowered to issue a summons
  • for appearance of any person
• it may issue a warrant for his arrest
  • after recording its reasons in writing..
• if Court sees reason to believe
  • that he has absconded or will not obey the summons

Section 88 — Power to Take Bond for Appearance

• When any person
  • for whose appearance or arrest Court is empowered to issue a summons or warrant
  • is present in such Court
• such officer may require such person
  • to execute a bond, with or without sureties, for his appearance in such Court

Section 89 — Arrest on Breach of Bond for Appearance

• When any person who is bound by any bond to appear before a Court
  • does not appear
• the officer presiding in such Court
  • may issue a warrant directing that such person be arrested and produced before him

Section 91(1) — Summons to Produce Document or Other Thing

• When a Court or officer in-charge of a police station
  • considers that production of a document or other thing is necessary
• such Court may issue a summons or such officer may issue a written order
  • to the person in whose possession such document or thing is believed to be
  • requiring him to attend and produce it

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Section 93(1) — When Search Warrant May Be Issued

• Where any Court has reason to believe
  • that a person to whom a summons or order u/s 91 has been addressed will not produce the document or thing or
• where such document or thing is not known to Court
  • to be in possession of any person or
• where the Court considers
  • that purposes of any inquiry or trial will be served by a general search or inspection
• it may issue a search-warrant

Section 94 — Search of Place for Stolen Property

• If a District Magistrate, SDM or Magistrate of first class
  • has reason to believe that any place is used
  • for deposit or sale of stolen property or for deposit, sale or production of any objectionable article
• he may by warrant authorise any police officer..
  • to enter such place
  • to search the same
  • to take possession of any article which he reasonably suspects to be stolen property or objectionable article
  • to convey such article before a Magistrate or to guard the same on the spot until the offender is taken before a Magistrate..
  • to take into custody and carry before a Magistrate every person found in such place
    • who appears to have been privy to the deposit, sale or production of any such article
    • knowing or having reasonable cause to suspect it to be stolen property or objectionable article

Objectionable Articles for This Section

• counterfeit coin
• counterfeit currency note
• counterfeit stamps
• forged documents
• false seals
• obscene objects referred in section 292 IPC
• instruments or materials used for production of any of these articles

Section 97 — Search for Persons Wrongfully Confined

• If a District Magistrate, SDM or Magistrate of first class has reason to believe
  • that any person is confined under circumstances that the confinement amounts to an offence
• he may issue a search warrant

• The person to whom such warrant is directed
  • may search for the person so confined
• The person, if found
  • shall be immediately taken before a Magistrate

Section 98 — Power to Compel Restoration of Abducted Females

• Upon complaint made on oath
  • of abduction or unlawful detention of a woman or a female child for any unlawful purpose:
• a DM, SDM or Magistrate of first class
  • may make an order for immediate restoration of such woman to her liberty or of such female child to her husband, parent or guardian and
  • may compel compliance with such order using such force as may be necessary

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