CrPC Section 210
📜 Section 210 CrPC: Procedure when summons cannot be served
Text of Section 210 CrPC (Paraphrased):
If a summons is issued to a person but cannot be served because the person’s residence or place of business is unknown or the person cannot be found after due diligence, the court may proceed to issue a warrant for their arrest.
🧠 Meaning and Purpose:
When the court issues a summons (a notice requiring a person to appear in court), it is typically served at the person’s residence or place of business.
Sometimes, despite efforts, the person cannot be located — the address might be wrong, or the person might be deliberately evading service.
To prevent the accused or witness from avoiding the court’s process, this section allows the court to escalate the matter by issuing a warrant of arrest.
⚖️ Key Points:
When does it apply?
When summons are issued but cannot be served after reasonable efforts.
Reason for non-service:
The accused’s or witness’s place of residence or business is not known.
The person cannot be found at the known address despite attempts.
Court’s power:
The court may order the arrest of that person through a warrant.
This ensures the person’s presence in court.
Purpose:
To ensure the smooth conduct of criminal proceedings.
Prevents evasion of legal processes.
🧾 Illustration Example:
A summons is sent to an accused at the last known address.
Police or court officers try to serve it but find the accused has shifted or is deliberately hiding.
The court, on learning this, may issue a warrant to arrest the accused and bring them before the court.
🔍 Relation to Other Sections:
Section 82 and 83 CrPC deal with the security for keeping peace or good behavior, often leading to summons.
Section 204 CrPC authorizes magistrates to issue summons or warrants.
Section 210 provides a follow-up mechanism if summons service fails.
🧑⚖️ Summary:
Section 210 CrPC is about ensuring the accused or witness appears in court when summons cannot be served because the person cannot be found.
It empowers the court to issue an arrest warrant to bring the person before the court.
This provision prevents evasion of justice by ensuring that those required to appear in court cannot simply disappear or hide.
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