CrPC Section 137
Section 137 of the Code of Criminal Procedure (CrPC), India
Section 137: Summons or warrant to be served on defendant or accused in civil or criminal cases
Text:
"Where, in the course of any enquiry or trial before a Magistrate, it appears to such Magistrate that any person, other than the complainant or the person giving evidence, should be summoned or arrested, the Magistrate may issue a summons or warrant, as the case may be, for the attendance of such person, and such summons or warrant shall be served or executed in the same manner as if the proceedings were a complaint case."
Explanation:
During the trial or inquiry before a Magistrate, if the Magistrate thinks it necessary to summon or arrest a person other than the complainant or witnesses, they can issue a summons or warrant for that person.
This provision applies both in civil and criminal cases.
The summons or warrant is served or executed just like in a complaint case under the CrPC.
Purpose:
To empower the Magistrate to call additional persons whose presence or arrest is necessary for the proper investigation or trial.
Helps in effective judicial process by ensuring all relevant persons are brought before the court.
Example:
If during a criminal trial, the Magistrate realizes an accomplice of the accused needs to be brought in, the Magistrate can issue a summons or warrant under Section 137 to secure that person’s attendance.
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