what are different types of processes to compel the apparents of the accused before the court?
At the commencement of proceedings, all the accused persons should be present before the court. This is because it is one of the general principles of evidence that- evidence should be taken before the accused persons. However, how is to compel the attendance of all accused if the accused person is not arrested?There are 5 ways to compel the accused before the court:Issue of summonIssue of warrant of arrest ProclamationAttachment Paper notice
1) Issue of Summons
Sec 204 of the CrPC gives the magistrate the power to issue process in the form of either Summons or Warrant .If the magistrate thinks that the case appears to be one of which, according to the fourth column of the schedule, a Summons should issue in the first instance, he shall issue his summons for the attendance of the accused.
2) Warrant of Arrest
It is a direction of court to police to arrest person. This is fourth column of 2nd schedule which tells us when warrant of arrest maybe served. Warrant of arrest maybe issued in both warrant cases and summons cases.
3) Poclamation
Sec 87 specifies that if any Court has reason to believe (whether after taking evidence or not )that any person against whom a warrant has been issued by it has abscondered or is conceling himself so that such Warren cannot be executed such Court missed publisher return proclamation require him to appear at specified place and at a specified time not less than 30 days from the date of publishing such proclamation.
4) Attachment
According to Sec 88, the court issuing a proclamation under sec 87 may at anytime order the attachment of any property, movable or immovable, or both, belonging to the proclaim person
5) Paper Notice [Sec 339(B)]
if the person is still absconding after applying section 87 and 88 the court has to go for paper notice.section 339b provides that where after the compliance with the requirements of section 87 and 88, the code has reason to believe that an accused person has abscondered or concealing himself so that he cannot be arrested and produced for trial and there is no immediate prospect of arresting him, the court taking cognitions of the offence complaint of shall pass in order for publication of notices in at least two national daily Bengali newspapers having white circulation, directing such person to appear before it within such period as may be specified in the order, and if such person fails to comply with such direction, he shall be tried in his absence.