CrPC Section 114
Detailed Explanation of CrPC Section 114
Section 114 of the Code of Criminal Procedure (CrPC), 1973 deals with the power of a Magistrate to require the presence of a person to assist the court or give evidence, and to issue a warrant if necessary.
Text of Section 114 (Simplified Summary):
"When a person, being legally bound to attend in court or to produce a document or thing, does not attend or produce the document or thing, the Magistrate may issue a warrant for their arrest and bring them before the court."
Explanation:
Purpose of Section 114:
To ensure that persons who are legally required to appear in court or produce documents or things do not avoid or delay the legal process.
It empowers the Magistrate to compel attendance through a warrant if necessary.
Who Can Be Summoned?
Any person who is:
Legally bound to attend the court (such as a witness or a party to the case).
Required to produce documents or things relevant to the case.
Legal Binding:
The person may be bound by:
A court summons,
An order of the court,
Or any legal obligation under the CrPC or other laws.
Magistrate’s Powers:
If the person fails to comply with the summons or order, the Magistrate has the power to:
Issue a warrant for their arrest,
Bring them before the court to give evidence or produce the required documents/things.
Importance of Section 114:
Helps in the smooth conduct of trials and inquiries by ensuring necessary evidence and witnesses are present.
Prevents obstruction of justice due to absence or non-cooperation of key persons.
Relation with Other Sections:
Section 114 works with Sections 91 (summons to produce documents), 107 (security for keeping peace), and other provisions regarding attendance and evidence.
It complements the court’s power to enforce compliance.
Practical Application:
A witness summoned by the court fails to appear; the Magistrate can issue a warrant under Section 114 to ensure the witness’s presence.
If a party is ordered to produce a document but does not, the court can issue a warrant to compel production.
Summary:
Section 114 CrPC empowers a Magistrate to issue a warrant for arrest if a person legally required to attend court or produce documents fails to do so.
It ensures compliance with court orders and aids the administration of justice.
The provision safeguards the trial process by compelling attendance and production of evidence.
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