CrPC Section 81
Section 81 of the Criminal Procedure Code (CrPC), 1973
Obligation to Answer Summons
Bare Text of Section 81:
"Every person who has been duly summoned to answer any criminal charge shall be bound to attend and to remain in attendance from day to day until the conclusion of the case or until legally discharged."
Detailed Explanation:
1. Meaning of Section 81:
This section imposes a legal obligation on every person who has been properly summoned by a court to attend the court proceedings.
The person must not only appear once but remain in attendance as required by the court.
2. Scope of Application:
Applies to any person summoned to answer a criminal charge. This includes the accused, witnesses, or any other person whose presence is required.
The summons must be duly issued and served as per the legal procedure.
3. Duration of Attendance:
The summoned person must attend the court from day to day until:
The case is concluded, or
The person is legally discharged by the court.
4. Purpose:
Ensures that persons summoned do not evade court proceedings or avoid giving evidence or answering charges.
Facilitates the smooth and uninterrupted conduct of trials and judicial proceedings.
Prevents delays caused by absence of key persons.
5. Consequences of Non-Compliance:
Failure to comply with the summons and to attend court as required can lead to:
The court issuing warrant of arrest for the person.
Contempt of court proceedings.
Other legal consequences as provided under the CrPC.
Practical Example:
A witness summoned to testify in a theft case must appear in court on the specified date and remain present until their testimony is completed and the court permits them to leave.
Similarly, an accused summoned for trial must remain present until the trial is finished or the court allows otherwise.
Summary Table:
| Aspect | Details |
|---|---|
| Who is Bound | Person duly summoned to answer a criminal charge |
| Duty | To attend court and remain present as required |
| Duration | From first attendance until conclusion or legal discharge |
| Purpose | Ensure attendance and prevent evasion of justice |
| Consequences of Default | Arrest warrant, contempt proceedings, other legal actions |
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