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[Music] you Chapter six it contains process to compel appearances these are given under Section 61 to section 90 of Criminal Procedure Code you chapter six is divided into four parts to compel appearance of a party to the code number one a summons number to be warrants of arrest number three C Proclamation and attachment and number four D other rules regarding processes you this chapter has 30 sections and they all face a common problem that we are not able to learn all the sections as per the bear acts so in this lecture we are using some tricks and even the colors are used so that we can correlate them unknown each sections by heart just play this video a couple of times and I assure you you will learn this chapter by heart as we have already covered that the process to compel appearances in Chapter six is divided into four parts now let's proceed further that the first part someone someone's is less serious in nature so I have shown it in green the provisions are under Section 61 two section sixteen nine and it has nine section in total the second one warrant of arrest definitely it is serious in nature so I have shown it in red color and the provisions are given under Section 72 8d 112 sections in total the other one proclamation and attachment relates to the movable and immovable property of yours and it's shown in the yellow color provisions are contained in Section 82 - it is six and it has total five sections and the last one other rules regarding the processes and it's given in blue color and if the provisions are under Section it is seven to ninety the smallest one only four sections are given you never be afraid of committing mistakes mistakes are proof that you are drawing and success is achieved only if you cry I have been loaded with requests that they do not understand Hindi and on other hand I have been loaded with such requests also that they do not understand English so here we have a solution this lecture is completely in English and the same lecture is also available in Hindi students advocates and other legal professionals please join me on telegram group and it's a very disciplined group and the link is given below what subgroup was available before but it has been removed because of two reasons one it does not support more than 256 and it shows the pile phone numbers of all the members so definitely a privacy is the top priority for me as well and in telegram your number is not displayed if I am NOT wrong so without Fred join me on telly from the link is given below just download the telegram app and then click all the link given below this legal group is making an habit of learning one legal food every day and even highway learning so many things from so many new now before we start this leg let me inform you that this lecture is totally based upon their act of Criminal Procedure you now let's come to the point how to attempt this question in any examination let's begin with introduction to meet the ends of justice it is critical to produce the accused and other witnesses or related parties before the code whenever needed if the accused is found guilty act the conclusion of the trial he must be present in person to receive the sentence also his presence is necessary if imprisonment is to be enforced for this reason chapter 6 section 61 - section 90 of Criminal Procedure Code provide for Vaes for compelling the appearances of a person who is required to be present in the code what are the force base the first one someone section 61 269 second one warrant of arrest section 72 81 third one Proclamation on attachment section 82 to section it is six and the fourth one other rules regarding processes given under Section it is seven - section 91 of Criminal Procedure code tricks to learn this in serial order Saturday with police officer s for summons W for warrant of arrest and B for Proclamation and attachment and for others name pasand I am okay you did not like it let's change this trick then simply weird person out I think you will like this one now s for someone's w-4 warrant of arrest B Proclamation and attachment o for other rules regarding the processes now let me try to attempt a trick to learn all these sections six seven double it you didn't get it right even I didn't get it properly but if we write this in front of simply weird person out I think it makes some since six seven double eight and if we add on one zero to seven now you can see that it makes sense 61 the summon begin wins 70 the warrant of arrest begin with proclamation of attachment begins with 82 and other rules regarding processes begins with it is 7 now we start in reverse order we already know that the chapter 6 is processed to compel appearances begins with section 61 and ends with section 91 so if we start from reverse order section 91 is the last month right we right over here then automatically 87 is the beginning of other processes this means the previous one ended with section 86 and we see over here that if proclamation is starting at section 82 which means that the previous one ended at section 81 and again we see that if warrant of arrest starts with section 70 which means that the previous one ended with section 69 now it makes sense the first part someone's 61 to 69 the second path to warrant of arrest section 72 81 protocol omission of attachment section 82 through 86 another rules regarding processes section 87 to section 91 most of you must be getting bored that why we are reading it again and again man this is how we learn jingles advertisements when we watch television they are showing us the advertisement again and again and again in and we are forced to learn there jingles same trick is applied over here we play this again and again and again v-mail might be getting really bored but unknowingly you will remember it by heart you process to compel appearances first part someone's let's cover someone's as given under the provisions of section 61 to section 16 line they are total nine sections you summons the first part someone says that forms of summons given under Section 61 forms are shown in scheduled to form number one and formed about 30 they are really helpful and make you understand someone's in a better manner someone is milder form of processes summons are issued a for enforcing the appearances of the accused or of a witness for this is for both the accused and the witnesses and B for production of a document or a thing the accused of witness may be asked may be given someone to come and appear in the court either to produce our document or a thing or to give a statement someone can case relates to Schley serious offenses and as per the provision of section 61 of CRPC 1973 provides that every summon issued by a code must be in writing in duplicate and signed by the presiding officer of the court it must also be R the court seal this is a very important part so never forget this important part regarding summons it must be Renee right ink Section 61 says that someone must be written it must be in duplicate definitely that's why how you take one someone and receiving is taking on the other one one you give to the person who is being someone to the court the notice of someone is given in duplicate third important factor summons under Section 61 is to be signed by the presiding officer of the court issuing it so it must have the signature of the officer of the code issuing it to compel a person to appear before a court and the most important part it must be sealed without the seal one cannot know which code has issued these summons so seal is a very important part any one of this is missing then summons are improper and not valid now let's take up a case of emperor versus Renan J saying this is a case of 1928 a summon must clearly show this name and address of the person summoned the place date and time at which the person someone is to attend and place date and nature of the offense committed if there is an offense committed in absence of such particulars the proceedings taken their own are invalid and can be objected by the person someone second part of the summons section 62 summons household or mood of service of summons subsection 1 of section 62 says that every someone shall be served by a police officer of the state or the state government may make rule in this regard everybody knows that summons are issued by the police officer but lawyer law students know this thing that someone served by a police officers are under Section 62 subsection 1 means subsection 1 of section 62 of Criminal Procedure Code provides that someone shall be issued by a police officer or as the state command may make rule subsection 2 says this thing that the someone shall if practicable be served personally on the person someone by delivering or tendering him one of the duplicates of the summons subsection 3 says every person on whom someone is so served shall have so required by the serving officer sign a receptor off on the back of the other duplicate so here we have covered the second part of the summons you Third Point of someone's service of summons on corporate bodies or the societies section 63 provides that service of someone's on a corporate may be affected by serving it on the secretary local manager or principal officer of the corporation or by letter sent by registered post addressed to the chief officer of the corporation in India the explanation to section 63 says that in this section corporation means an incorporated company or other bodies corporate and includes a society registered and the societies Registration Act 1860 so corporation under this section includes a society of summons service when persons someone cannot be found secure 64 says where the person someone cannot by exercise of due diligence be found the summons may be served by leaving one of the duplicates for them with some adult male member of the family residing with him and the person with whom the someone is so she left shell if so required by serving officer signed a receptor off on the back of the other duplicate as it's been served to the original one this means that no the servant or the cook of the house not allowed they are not to be considered as family members fifth part procedure when service cannot be affected as before as given under the provisions of section 65 if the service cannot by the exercise of due diligence be effected as provided in the section sixty two three and four the serving officer shall fix one of the duplicates of the summons to some conspicious part of the house or house stead in which the person someone ordinary resides and thereupon the Court after making such inquiries as it think fits may either declare that the summon has been duly served or order fresh services in such manner as it considers proper so under the topic summons 61 says about the form of summons and 62 63 and 64 says how the summons are to be served 65 is the part where it is said that if the person is not available or when we are not able to serve the someone even as under given as under Section 64 that it should be given to any other male member of the family even if that's not possible then the provisions of 65 says that in such cases the someone should be affixed pasted on some conspicious part of the house means part of the house who gazes visibly clear to the visitor or to the person to whom the someone has been issued whenever he comes and visit to his house he can see that or someone has posted something and that is someone and he can visit the court accordingly sixth part of someone's services on government servant as per the provisions of section 66 subsection 1 of section 66 says where the person someone is in active service of the government the court issuing the summons shall ordinarily send it in duplicate to the head of the office in which the such person is employed and such head shell thereupon caused someone to be served in the manner provided by section 62 and shall return it to the court under his signature with endorsement required by that section basically subsection 1 of section 60 says that if someone is to be served to a government employee and a person who is working in a government department the court shall send someone to the head of the department so that they can serve it accordingly yes head of government department if person is in common job under Section 66 subsection 1 everybody needs to remember that thank you now we come to the next point seventh point of someone's which you say is that service of someone's outside local limits as per the provisions of section 67 section 67 says that when a court desires that the someone issued by it shall be served at any place outside its local jurisdiction it shall ordinarily censored summons and duplicate to a magistrate within whose local jurisdiction the person someone resides or is to be there served so section 67 basically says that if a local magistrate is issuing a summon to a person who is outside the jurisdiction of his code then the court shall send the summon to the court in whose jurisdiction that person resides I hope it's very the concept and just go through it you will learn by heart we come to the eighth point of someone proof of service in such cases and when serving officer is not present it is given as per the provisions of section 68 subsection 1 of section 68 says when summons is issued by a court is served outside its local jurisdiction and in any case where the officer who has served a summons is not present at the hearing of the case an affidavit purporting to be made before a magistrate that such someone has been served and a duplicate of the summon purporting to be endorsed in a manner provided under Section 62 or Section 64 as it is explained before by the person to whom it is delivered to be tendered or with whom it was left shall be admissible in evidence and that the statements made therein shall be deemed to be correct unless and until the contrary is proved so basically what subsection 1 of section 68 sees that the summons has been served can be proved by presenting the duplicate copy of the summons in the court until and unless the contrary is proved next subsection 2 of section 68 says that the affidavit mentioned in this section may be attached to the duplicate of the summons and return to the core now we come to the last point ninth point of summons section 69 says that service of summons on witnesses by post something interesting subsection 1 of section 69 says notwithstanding anything contained in the preceding sections of this chapter a code issuing a summon to a witness may in addition to or simultaneously with the issue of such summon may direct a copy of someone to be served by registered post addressed to the witness at the place where he ordinary resides or carries on business or personally works for gain basically what you have to remember is subsection 1 of section 69 deals with summon to witnesses and that also can be sent by registered post subsection 2 of section 69 says when an acknowledgement purporting to be signed by the witnesses or and reduce 'men purporting to be made by a postal employee that the witnesses refused to take a delivery of the summon has been received the court issuing the summons made clear that the summon has been duly served ok this is very interesting fact that whenever a service of someone is done on a witness they try to avoid it they do not want to visit quotes and when the service of someone is done by post they refuse to accept it so when a witness refuses to accept such of someone of the code the postman the person who has visited the house place of work or wherever his business is working for gain the postman will write a giver remarks on the envelope of the summons that he or she has refused to take the delivery of the salmon and the same will be presented to the court when it is presented to the court the court will presume and declare that the summon has been duly served so all the advocates out there are requested that advise your client to take the summons do not avoid it until and unless you really want them to avoid to own some more time now we come to the second part of the chapter 6 process to compel appearances that is warrant of arrest under the provisions of section 72 section 81 - till 12 sections you first part of warrant is the form of warrants of arrest and its duration as per the provisions of section 70 of the C RPC so before I start this topic do you remember that the topic summons also started with the forms and it was as per the provision of section 61 I'm repeating this so that you know you can recall it that someone started with section 61 and it ended in 16:9 and Warren started with 70 and it's going to end with Section 81 now let's cover the topic warrant the first point form of warrant of arrest and its duration as for the section 70 subsection 1 of 70 says that every warrant of arrest issued by the court under this code shall be in writing signed by the presiding officer of such code and shall be the seal of the code do you remember that it has the same contents as the contents of the summons even a layman knows that the warrant of arrest is presented by the police officer but a student of law advocate any law literate person knows this thing that warrant of arrest is issued under subsection 1 of section 70 of Criminal Procedure Code next subsection 2 of 70 it says that every such warrant shall remain in force until it is cancelled by the court which issued it or until it is executed so subsection 1 of section 70 says regarding the form of the word of a resinous duration and subsection 2 of section 70 says that it will continue to remain in force until it is either cancelled by the court or it has been executed executed means obviously then the person has been arrested second point of warrant of arrest is power to direct security to be taken and it is given as per the provision of section 71 of the Criminal Procedure Code subsection 1 of section 71 says this thing that any court issuing a warrant for the arrest of a person may in its discretion may in its discretion means the judicial officer has to apply his mind whether or whether not to do so direct by endorsement on the warrant that if such person executes suborn gets sufficient sorority's for his attendance before the quote at the specified time and thereafter until otherwise directed by the code the officer to whom the warrant is directed shall take such security and shall release such person from custody so basically subsection 1 of section 71 says this thing that when a warrant of arrest is issued by the judicial officer the court may in the same warrant may give directions that if the person so to be arrested is ready to give some bond and sufficient sure it is for his attendance before the code at a specified time whenever the court has asked for the officer to whom the warrant is directed shall take such security means if a police officer of say for example an S achoo is directed to serve the warrant of arrest he can release the person from custody after taking the securities that the court has asked for if the person is ready to give such securities for his presence in the code subsection 2 of section 71 says this thing the endorsement shall state now it is talking about the endorsement with the warrant of arrest there are three points a the number of surety to be taken be the amount in which day and the person for whom arrest the warrant is issued are to be respectively bound three the time at which he is to attend before the code third part of section 71 there is subsection 3 of section 71 says this thing whenever security is taken under this section the officer to whom the warrant is directed shall forward the bond to the code this means that the police officer is not going to keep the bond with himself he is going to present it in the court that we have already taken such boy were born from him and he need not be arrested the important thing to learn in this subsection 71 is number of sureties it may be one two three as the code may has directed to second think the amount that is specified in the warrant and the third and the last and the most important time at which he has to attend before the code so whenever warrant of arrest come to your mind it should remind you about section 71 and section 71 must remind you sureties amount and time Third Point of warrant of arrest warrant to whom directed section 72 subsection 1 of section 72 since this thing of warrant of arrest shall ordinary be directed to one or more police officers but the code issuing such a warrant may if its immediate execution is necessary and no police officer is immediately available direct it to any person or persons and such person or persons shall execute the same so subsection 1 of section 72 basically tries to explain that the police officer will serve the warrant of arrest and if the court think that police is not immediately available and the execution of arrest warrant is necessary then the court may direct anyone to execute the same subsection 2 of section 72 says that when a warrant is directed to more persons officers than one it may be executed by all or by any one or more than one so the confusion may be removed that if a warrant is given to more than one person under subsection 1 of section 72 the answer is any one given under subsection 2 of section 72 warrant of arrest warrant may be directed to any person as per the provision of section 17 3 subsection 1 of 73 says this thing that the chief human judicial magistrate or a magistrate first-class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict proclaimed offender we call them Pio as well or any person who is accused of a non bailable offense and is evading arrest subsection 2 of section 73 says this things such person shall acknowledge and writing a recept of the warrant and cell executes it if the person for whose arrest it was issued is in or enters on any land or other property under his charge subsection 3 of section 73 says this thing when the person against whom a warrant is issued is arrested he shall be made over with the warrant to the nearest police officer who shall cause him to be taken before a judicial magistrate having jurisdiction in this case unless security is taken under Section 71 security is to be taken we have already covered under Section 71 nothing much to cover in it section 73 says this thing that Chief Judicial Magistrate or a magistrate of first class may direct any Polson which is under subsection one of 73 and the recipt has to be taken where you are entering a place or a land to arrest such person that is given under subsection 2 of 73 and the last subsection 3 of 73 says this thing that if a person is arrested he will be brought before the magistrate in his jurisdiction unless the security is already taken under Section 71 means the person need not to be arrested or brought before the magistrate because we he has already given the security if the provision of security was given under the warrant of arrest as per the discretion of the magistrate fifth point weren't directed to police officer the fourth point was weren't directed to any person as per the provision of section 73 now the fifth point is warrant directed to police officer as per the position of section 74 if warrant directed to any police officer may also be executed by any police officer whose name is and owes upon the warrant by a police officer to whom it is directed or and those section 74 is trying to say this thing that a warrant of arrest if it is directed to a police officer named ABC and he is required to execute it or serve it to the person to be arrested and this she has to arrested it is not necessary that he will arrested the warrant of arrest having the name of ABC can be executed even by the other police officer named XYZ Goddard that's good let's move to the next point point number six of warrant of arrest notification of substance of warrant as per the provision of section 75 section 75 says this thing that the police officer or other person executing a warrant of arrest shall notify the substance there off to the person to be arrested and if so required shall show him the warrant so do not forget the substance of warrant is given under Section 75 that is the contents of the warrant of arrest as this question comes in judicial examination as well seven point person arrested to be brought before the court of without delay as for the provision of section 76 of Criminal Procedure Code Section 76 is that the police officer or other person executing a warrant of arrest shell without unnecessary delay bring the person arrested before the court before which he is required by law to produce such person provided that the delay shall not in any case exceed 24 hours exclusive of the time necessary for the journey from the place of arrest to the magistrate code so the under Section 76 do not forget two things one the person if he is arrested should be brought before 24 are is passed so within 24 hours he has to be brought before a magistrate magistrate on duty and if it is after duty hours and to the court if it is owed us but within 24 hours next is where the warrant may be executed section 77 says this thing a warrant of arrest may be executed at any place of India ninth point of warrant of arrest warrant forwarded for execution outside jurisdiction as per the provision of section 78 this is the ninth point of the warrant of arrest subsection 1 of section 78 says the same when a warrant is to be executed outside the local jurisdiction of the court issuing it such code mean instead of directing the warrant to the police officer within its jurisdiction forward it by post or otherwise by any executive magistrate or district superintendent of police or Commissioner of Police within the local limits whose jurisdiction it is to be executed and the executed magistrate or the district superintendent or Commissioner shall and those his name thereon and if practicable caused it to be executed in manner there before provided subsection 1 of section 78 is trying to tell us that the warrant of arrest if it is to be served outside the local jurisdiction of the code it may instead of giving it to the police officer of that area may direct to the executed magistrate or a District Superintendent of Police or the Commissioner of that area in which it has to be given next subsection 2 of section 78 the court issuing the warrant under Section subsection 1 which have already covered before this shall forward along with the warrant the substance of information against the person to be arrested together with such documents if any as may be sufficient to enable the court acting under Section 81 to decide whether bail should or should not be granted to the person and point of world of arrest warrant directed to police officer for execution outside jurisdiction as per the provisions of section 17 9 subsection 1 of section 79 says this thing when a warrant directed to a police officer is to be executed beyond the local jurisdiction of the court issuing the same he shall ordinarily take it for endorsement either to an executive magistrate or to a police officer not below the rank of a officer in rank of police station within the local limits of whose jurisdiction the warrant is to be executed so we already covered in section 78 that the court can execute a warrant outside the jurisdiction now in Section 79 it is giving us the direction it is giving the court the direction when a warrant is executed outside the jurisdiction and is directed to the police officer it shall either and those the same either to the executing magistrate or the police officer not below the rank of an officer in charge of a police station within the local limits of whose jurisdiction the warrant is to be executed got my point no replay it okay next subsection 2 of section 79 such magistrate or a police officer shall endows his name their own and such endorsement shall be sufficient authority to the police officer to whom the warrant is directed to execute the same and the local police shell if so required assist such officer in executing such warrant next is subsection 3 of section 17 9 it says whenever there is a reason to believe that the delay occasioned by obtaining the endorsement of the magistrate or police officer within whose local jurisdiction the is to be executed will prevent such execution the police officer to whom it is directed me execute the same without such endorsement in any place beyond the local jurisdiction of the court which issued it now this section should not be a complicated just because it says that he can even without having the jurisdiction can beyond his jurisdiction issue it it is only in those circumstances where the magistrate or the police officers reduced jurisdiction the warrant is to be exhibited will prevent such execution it is in exceptional circumstances so subsection 3 of section 17 9 of the Criminal Procedure Code is used only in exceptional circumstances before we move ahead do not forget that section 79 subsection 1 is trying to tell us how the warrant is to be executed to a jurisdiction which is beyond their local control or local jurisdiction beyond the local jurisdiction eleventh point of warrant of arrest the procedure on arrest of person against whom warrant issued as per the provision of section 18 of Criminal Procedure Code 1973 section 80 tell us when a warrant of arrest is executed or such a jurisdiction in which it was issued the person arrested shall unless the court which issued the warrant is within thirty kilometers of the place of the arrest or is nearer to the executed magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made or unless security is taken under Section 71 security taken under Section 71 means you don't need to arrest him such arrested person should be taken before a magistrate or a district superintendent or Commissioner of Police the thing to understand under Section 80 is that if a person is arrested in the jurisdiction of others code and it is within 30 kilometers then that person should be brought before the court that has issued the warrant of his arrest Section E one subsection 1 of section 81 says distant the executing magistrate or the DSP or Commissioner of Police shall if the person arrested appears to be the person intended by the code which issued the warrant direct his removal in custody to such code provided now provided means a subject to the condition subject to conditions what is given above now provided that if the offense is available and such person is ready and willing to give bail to the satisfaction of such magistrate DSP or Commissioner or a direction has been induced under Section 71 on the warrant and such person is ready and willing to give the security required by such direction the magistrate DSP or Commissioner shall take bail or security as the case may be and forward the pawn to the court which issued the warrant till now we have been studying about warrant of arrest how it is issued how it is to be implemented whom who can serve it and how it should be served upon a person to be arrested and also where a person is residing outside the jurisdiction what the procedure are going to be adopted but now in this last point section 81 speaks about the procedure to be adopted by a magistrate before whom such person arrested is brought so when a person who has been arrested he will be brought before the court and will be sent to custody definitely me because he has been arrested provided now the condition is that if the offence under which a person is arrested is available offense and the person is ready and willing to give the shorteez and belch then the person will be released on such sureties as given under Section 71 I hope this last point is also clear and we are wrapping up warrant of arrest with this before we end we need to cover this all so that another condition to section 81 is that if a offence is non bailable one it shall be lawful for the Chief Judicial Magistrate or session judge of the district in which the person has been arrested on consideration of the information and documents referred in the section subsection 2 of section 78 to release such person on B now subsection 2 of section 78 says this thing that it is the discretion of the court whether to give or not to give a bail to a person who has committed an offense of nor Nabila one next is subsection 2 of section 81 it says that nothing in this section shall be deemed to prevent a police officer from taking security under Section 71 which means definitely a police officer always have the power to take the securities and not worst a person as per the provision given under the section 71 of Criminal Procedure Code so we have repeated this a number of time that section 71 speaks about security that a police officer can take security in lieu of arresting a person and slowly and slowly you will be remembering all these sections by heart replay it play it again and unknowingly you will be remembering all the sections you will even not realize that you know all the sections now we come to the third part of chapter six process to compel appearances for clinician and attachment under the provisions of section 82 to section 86 the only five points are there so let's just do it [Music] you first point proclamation for person absconding as per the provision of section 82 subsection 1 of section et Deus is this thing if any court has a reason to believe whether after taking evidence or not that any person against whom a warrant has been issued by it and has absconded or is concealing himself so that such warrant cannot be executed such code may publish a written Proclamation requiring him to appear at a specified place and at a specified time not less than 30 days from the date of publishing such Proclamation without offending anyone I'm just giving an example so that students can understand this point do you remember mr. vijay mallya he has been asked to appear before the court but he is putting up at England and definitely what are you going to do you are going to publish in the newspaper regarding his being appeal declaring him view and law students knows this thing that it is going to be done under Section 82 subsection 1 next is subsection 2 of section 82 the proclamation shall be published as follows subsection 2 of section 82 clause 1 close a of clause 1 says it shall be publicly read in some conspicious place conspicious i have already explained the meaning you should remember it by now a place which is clearly visible a place of the town or village in which such person you second point attachment of property of person absconding as per the provision of section 83 of Criminal Procedure Code 1973 subsection 1 of section 83 says that the court issuing proclamation under Section 82 me for reasons to be recorded in writing at any time after the issue of the proclamation order the attachment of the property may be movable or immovable or both belonging to the proclaimed person provided provided means subject to condition that where at the time of the issue of the proclamation the court is satisfied by a affidavit or otherwise that the person in relation to whom the proclamation is to be issued is about to dispose of whole or any of his property or is about to remove the whole or any part of property from the local jurisdiction of the court it may order the attachment simultaneously with the issue of proclamation so section 83 is trying to explain that the court is like issuing proclamations orders under Section 82 and if it has the reason to believe that the person might to protect himself or his property he might sell the property so section 83 says that the court has the power to not only declare a proclamation but also attach the property simultaneously so that he is not able to sell his property in part or whole next subsection 2 of section 83 gives the power to the court that attachment of property of the person can be done whether it is within the district or outside the limits of the district magistrate subsection 3 of section 83 speaks about the property to be attached this is under depth or is a movable property the attachment under this section shall be made by sacha means by taking physical position number two by appointment of a receiver number three by order in writing prohibiting the delivery of such property to the proclaimed person or to anyone on his behalf the four by all or any two of such method as the code things fit subsection five of section 83 says this thing that if the property ordered to be attached consists of livestock's or is of perishable nature what the code is going to do then the code may think fit it expedient order immediate sale thereof and in such cases the proceeds of the sale shall abide the order of the code next is a subsection 6 of section 83 the power duties and liabilities of a receiver which is appointed in the sixth section shall be the same as that receiver appointed under the Civil Procedure Code 1908 Third Point claims and objections to attachment as per the provisions of section 84 subsection 1 of section 8 e forces if any claim is preferred to our objections made to the attachment of any property attached under section 83 within six months from the date of such attachment any person other than the proclaimed person on the grounds that the claimant or objector has an interest in such property and that such interest is not liable to be attached under Section 83 the claim or objections shall be inquiry into and maybe allow or disallowed in whole or in part by the code provided subject to condition that any claim preferred or objection made within the period allowed by this subsection may in the event of the death of the claimant or objector be continued by his legal representative sections 84 is explaining us that where a property is attached under Section 83 within six months any person can claim that the property attached of a proclaimed person does not belong to him or he has a share in to it and whatever the reasons he has he can claim within six months and the court may on the discretion allow or disallow the property to be attached or not to be - it also explains us that where a property is attached of a proclaimed person and the proclaimed person dies in this event after the death of a proclaimed person the property will continue to be attached to the court and be continued by his or her legal representative the same with the claimant or the objector under Section 84 subsection 2 of section 84 says that claim or objections made under subsection 1 may be prefer or made in the code by which the order of attachment is issued or if claims or objections is in respect of property attached under any order which are made under subsection 2 of section 83 in the court of Chief Judicial Magistrate of the district in which the attachment is made so basically it is informing us that where a person has to make a claim he has to make a claim in the court where in that code which has order such attachment or in the Chief Judicial Magistrate code of that district next is subsection 3 of section 84 it says that every such claim or objections shall be inquired into by the code in which it is preferred or me so here we have an answer if a question comes in judicial examination that cleans and objections to attachment to property is done in subsection 1 of section 84 and the court can inquiry into such claims under subsection 3 of section 84 of Criminal Procedure Code 1973 next takes subsection 4 of section 84 it says any person whose claim or objection has been disallowed in whole or in part by an order and a subsequent one mean within a period of one year from the date of such order instituted a suit to establish the right which he claims in respect of the property in dispute but subject to the result of such suit if any the order shall be conclusive subsection 4 of 84 is trying to tell us that if your claim if the claim of your client has been disallowed they can institute a suit to establish their right their claim in the respective property which is in this Pew tour which has been attached by the court but it shall be subject to the outcome of the case first point release sale a restoration of attached property and as per the provision of section 85 subsection 1 of section 8 devices if the proclaimed person appears within the specified times in the proclamation the court shall make an order releasing the property from the attachment now the subsection 2 of section 85 says that if the proclaimed person does not appear within the specified time in the proclamation the property under the attachment shall be at the disposable of the state government but it shall not be sold until the expiration of six months from the date of attachment and until any claim prefer or objection made under Section 84 has been disposed off unless it is subject to speedy and natural decay or the code consider it that the sale would be for the benefit of the owner in either of the cases the code may cause it to be sold wherever it thinks fit so Section 85 tell us two important points first that if the proclaimed person appears within the specified time the code shall make an order to release the property from the attachment and the second one is that the court can order state government to sell the dashed property after the expiry of six months from the date of attachment and this condition to sell the attached property after the expiry of six months is also waived off if the property attached is of perishable nature or the court considers that the sale would benefit the owner in either of the cases the court may cause it to be sold so if a question is asked whether the court has the right to sell the property yes it has the right to sell the property attached in the proclamation under the provision of section 85 subsection 2 and that is in case when the proclaim person does not appear within the specified time in the quarter next is subsection 3 of section 85 it says that if within 2 years from the date of the attachment any person whose property is or has been at the disposal of the state government under the subsection 2 of section 85 which we have already covered right now appears voluntarily or is apprehended and brought before the code by whose order the property was attached or the code to which such code is subordinate and proves to the satisfaction of such code that he did not abscond or conceal himself for the purpose of avoiding the execution of the warrant of arrest and that he had not such notice of the proclamation as to enable him to attend within the time specified during such property or if the same has been sold the net proceeds of the seal or if part only their half has been sold the net proceeds of the seal and the residue of the property shell after satisfying therefrom all cost incurred in consequences of the attachment be delivered to him now let's try to understand what subsection 3 of 85 is trying to tell us it says that the property has been attached right it has been attached of a proclaimed person the state government can sell it and within 2 years if the person proclaimed appears before the code not definitely he is going to appear before the court so that you know he can say this property so he can save his property this is what subsection 3 of section 85 says that and in case the state government has already sold his property then also he can get the profits and benefits that the government has earned from selling that property so a person is not at a total loss in case he satisfies the court that he was not avoiding the warrant of arrest got it okay now let's proceed to the next one now we come to the last point fifth point of p1 attachment that is appealed from order rejecting application for a restoration of attached property as per the provisions under Section 86 of the Criminal Procedure Code 1973 it says that any person are referred therein to in subsection 3 of section 85 who is aggrieved by any refusal to deliver the property all the proceeds of the sale thereof may appeal to the court to which appeals ordinarily lie from the sentence of the first mentioned code so section 86 basically deals with appeals where a property of a proclaimed person is attached and such property is sealed or it is attached or it has been sailed and the court has refused to give the position of the property or the profit from the sale in those cases a person can appeal as per the provisions of section it is six if that person feels that he has been wrongly rejected by the court now we come to the fourth and the last part of the chapter six process to compel appearances and that is other rules regarding processes as per the provisions under Section 87 to 90 of [Music] you but for having four points and the first one is issue of world in lieu of all in addition to summons as per the provision of section 87 even before reading the very act language it is well understood that section 87 is trying to tell us that the court if he wants a person or compel a person to appear before a court while issuing a warrant can issue summons instead of issuing a warrant number one and to compel an appearance of a person while issuing a warrant can issue a someone of arrest as well in addition to warrants so both the things can be issued and this is given under Section 87 so even before going into the language of the bear act I think you have understood this point still let's cover the Barrett language what it says a court mean in any case in which it is empowered by the school to issue summons for the appearances of early person issue after recording its reason in writing a warrant for his arrest Clause a of section 87 says if either before the issue of such summons or after the issue of the same but before the time fixed for appearances the court sees reason to believe that he has absconded or will not obey the summons or Clause B of section 87 says if at such time he fails to appear and the summon is proved to have been duly served in time to admit of his appearing in accordance their head and no reasonable excuse is offered for such failure in point of other rules regarding processes is power to take bond for appearances as per the provision of section 88 section 88 says that when any person for whose appearances or arrest the officer presiding in any 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 appearances in such food or any other code to which the case may be transferred for trial now let's understand in easy language what section 88 is trying to tell us section 88 informs us that where a person is required by the court to appear in the court either by the issue of someone or by issue of his arrest warrants it is to be issued by the presiding officer of the court or the officer which is present in the code and the second and the most important point in Section 88 is that such a person may require to execute a bond with or without sureties for his appearances in such court and the third thing it also says it is also applicable in cases where the courts of other jurisdiction has issued such warrants rest on bridge of born for appearances as per the provision of section 89 now section 89 says this thing when any person who is bound by any bound taken under this code to appear before a court does not appear the officer presiding in such code may issue a warrant directing that such person be arrested and produced before him now this is very interesting that under Section 88 a person to avoid arrest what he does he gives bonds that he will appear that I am assuring that I will appear in the court on a given date but he does not keep his promise even after giving the bonds he does not appear to the court in that cases section 89 gives the power to the court where a person has given a bond but even after giving a bond does not appear may be arrested a court will issue warrant for his arrest and that is to be issued by the presiding officer of the court we come to the fourth point of the fourth part of the chapter six other rules regarding processes point number four provisions of this chapter generally applicable to summonses and warrants of arrest is given under the provision of section 90 now section 90 is a general provision it does not inform the processes of compelling the person to appear but it informs us that the provision contained in this chapter regarding a relating to summon and arrest of warrant and their issues service an execution shall so far as may be applied to every summons and every warrant of arrest issued under this code it is just informing it is just giving an information to us that under this code where any service of warrant or someone is to be done it is to be done only as per the provisions given under this chapter with hello guys guys do not stop let's do some revision first chapter sex compelled to process appearances how to compel the person first someone's second warrant of arrest third Proclamation and attachment for other rules regarding processes simply weird person out sections someone starts with 61 and ends with 69 warrant of arrest starts with 70 and ends with 18 on Proclamation and attachment starts with 82 win ends with 86 and other rules regarding processes such starts with section 87 and ends with 90 now let's revise the summons first part 61 the forms of salmon and how would to be served section 62 to be served on corporate and society section 63 corporate people or societies when required they are not of labels so service of someone's when person cannot be found next 64 when service cannot be effected as before section 65 then comes the Gorman Sermon section 66 Gorman sermons is always outside the local limits of his office next is section 67 even the serving officer is a gorman person so even he is not available to proof of service in such cases when serving officer is not present that is section 68 when your topic of someone has been covered you need to have a witness about that so service of someone on witnesses by post is the last one which is section 69 and I am sorry please Gorman ploys or other persons don't be offended this is just a jingle tricks to learn the topic section wise now let's revise warrant of arrests from section 72 section 81 of CRP cig 1973 first one again begins with the forms of warrant of arrest and it shows the duration which is under Section 70 it has the power to direct security to be taken and the section 71 what else to whom directed is given in the section 72 warrants directed to any person 73 warrants directed police officers 74 if you have to give a notification of substance of warrant under Section 75 is the thing it can be done and if the warrant of arrest has been successfully done then what is to be done if the person arrested to be brought before the court without any delay under Section 76 next three sections it talks about the execution of warrant of arrest where warrant may be executed where warrant to be executed outside the local jurisdiction warrant directed to police officer for execution outside jurisdiction all is covered under Section 77 78 and 79 all talking about execution now if they are talking about the execution procedure on arrest of person on whom a warrant is issued that is given under Section 80 now you see that warrant of arrest has come to an end compelling a person to appear before the court and the last one says the same thing procedure by magistrate before whom such person arrested is brought that is Section 81 here we ends with the topic warrants of arrest with some teeny-weeny tricks to remember third one C part Proclamation and attachment whenever you come to this part always remember this trick that a person who is in love consider other as their own property love is not for sale and others having objections must appeal did you like this trick no no problem let's proceed proclamation for a person abscond in Section 82 a person who's absconded must be having a property attached his property attachment of property of a person absconding under Section 83 if a person's property is attached he or other person may claim or object that is given in the next section claims and objections of attachment of property under Section 84 when a coat attaches the property or when a claim has been rejected or accepted whatever the case may be the attached property can be sale resale and restore section edifices about such things and in the end comes the appealed from order rejecting an application for restoration of attached property under Section 86 attached property which the court has ordered for with this we come to the fourth and the last part of this chapter other rules regarding processes as given under Section ep7 290 of Criminal Procedure Code 1970 before I start this topic let me remind you once again this chapter is made to compel a person appear before a quote truth summons warrants proclaiming him as an proclaimed offender or attaching his property and they all are given under Section 61 to section 86 the other procedures or other rules they are one issue of warrant in lieu of or in addition to summons that's given under section 87 powers to take bond and arrest a person on breach of such bond they are given under Section ETA 1089 and in the end the Section 90 says this thing that all these provisions of the chapters are applicable to summons and warrants of arrest [Music] you you