CrPC Section 131
Section 131 of the Criminal Procedure Code (CrPC), 1973
Order for Arrest in Case of Contempt
Bare Text of Section 131:
"If a person disobeys a summons issued under section 79 or refuses to be sworn or to answer a question which he is legally bound to answer, the Court may issue a warrant to cause him to be brought before it, and may commit him to custody."
Detailed Explanation:
1. Context and Purpose:
Section 131 empowers the Court to take strict action against a person who disobeys a summons issued under Section 79, or refuses to be sworn in or to answer questions that the law requires them to answer.
This is a measure to ensure respect for the Court's authority and the administration of justice.
2. Key Provisions:
| Element | Explanation |
|---|---|
| Disobedience of Summons | Failure to appear in Court after being duly summoned under Section 79. |
| Refusal to be Sworn or Answer | Refusing to take an oath or answer questions when legally obligated. |
| Power of the Court | Court may issue a warrant for arrest and commit the person to custody. |
3. Procedure:
Upon such disobedience or refusal, the Court may issue a warrant of arrest to bring the person before it.
The person may be detained or committed to custody until they comply with the Court’s requirements.
4. Importance:
Helps maintain the authority of the Court and the integrity of judicial proceedings.
Ensures that witnesses or parties cannot avoid their legal duties without consequences.
Acts as a deterrent against contempt of Court and obstruction of justice.
5. Practical Example:
A witness summoned to appear under Section 79 fails to attend and ignores the summons. The Court may issue a warrant for their arrest under Section 131.
Similarly, if the witness appears but refuses to take an oath or refuses to answer questions, the Court can take the same action.
Summary Table:
| Aspect | Details |
|---|---|
| Grounds for Action | Disobedience of summons, refusal to be sworn, or refusal to answer |
| Authority | Court issuing summons under Section 79 |
| Court’s Power | Issue warrant of arrest and commit person to custody |
| Purpose | Enforce attendance, oath, and testimony; maintain court authority |
| Consequence | Arrest and detention |
RELATED Blog
comments