CrPC Section 140
Section 140 CrPC: Order to attend summons or to give security in certain cases
Text of Section 140 CrPC:
When a person who has been summoned to give evidence or to produce a document or thing, or to give evidence or produce a document or thing in any investigation or inquiry, fails to attend as required, the Magistrate may order him to attend and may also require him to give security for his appearance, and in default of such security, may commit him to custody.
🔍 Detailed Explanation:
1. Purpose of Section 140:
This section empowers a Magistrate to compel the attendance of a person who has been summoned to:
Give evidence (i.e., testify in court),
Produce a document or thing relevant to the investigation or inquiry.
If that person fails to appear as required, this section gives the Magistrate authority to take further action to ensure compliance.
2. When is it applied?
When a person is summoned (officially called) by the court or investigating authority,
And the person does not attend on the specified date/time.
3. Powers of the Magistrate:
The Magistrate may issue an order directing the person to attend the court or inquiry.
The Magistrate may also require the person to give security (i.e., a guarantee, often monetary, to ensure they will attend in the future).
If the person fails to give security, the Magistrate can commit the person to custody (i.e., detain or arrest them).
4. Why is security required?
Security acts as a financial guarantee to ensure the person will appear as needed.
It discourages people from avoiding attendance by imposing a financial risk.
5. Practical significance:
This section helps the court ensure cooperation from witnesses or persons holding evidence.
It prevents obstruction in the investigation or trial process.
It provides a mechanism to enforce attendance without immediately resorting to arrest.
6. Example:
Suppose a witness is summoned to testify but fails to appear.
The Magistrate can order the witness to appear again and require a bond/security.
If the witness refuses or neglects to give security, the Magistrate may order their custody until they comply.
📝 Summary:
| Aspect | Explanation |
|---|---|
| Who is covered | Person summoned to give evidence or produce documents |
| What happens if they fail to attend | Magistrate can order attendance and require security |
| Consequence of no security | Person may be committed to custody |
| Purpose | To ensure cooperation and attendance in investigation or trial |
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