CrPC Section 93
Criminal Procedure Code (CrPC) - Section 93: Service of Summons, Warrants, and Other Processes
Section 93 of the Criminal Procedure Code (CrPC) deals with the mode of service of summons, warrants, and other legal processes issued by courts in criminal cases. Proper service ensures that the accused or concerned parties are informed about the proceedings and have the opportunity to appear in court.
Purpose:
The purpose of Section 93 is to specify how summons, warrants, and other court processes should be delivered or served to ensure due notice and fair trial.
Key Provisions of Section 93:
Who Can Serve:
Summons, warrants, and other processes can be served by:
The police,
A special messenger,
Or any person authorized by the court.
Mode of Service:
The process can be served by delivering a copy to the person concerned personally.
If personal service is not possible, the process can be served at their place of residence or business.
In certain cases, the court may order alternative methods like public notice or delivery to a family member.
Proof of Service:
The person serving the summons or warrant must provide proof or report of service to the court.
This helps the court verify that the accused or party has been duly informed.
Service Outside Jurisdiction:
The court may order service outside its territorial jurisdiction through authorized means.
Failure of Service:
If summons or warrants cannot be served despite due diligence, the court may take further steps such as issuing public notice or proceeding ex parte.
Importance of Section 93:
Ensures Fair Trial: Proper service guarantees that the accused or concerned persons get an opportunity to defend themselves.
Legal Formality: Provides a clear procedure for serving court processes, avoiding arbitrary or improper notifications.
Prevents Delay: Timely service of summons and warrants helps in the smooth progress of criminal cases.
Accountability: The requirement for proof of service holds the server accountable and protects against claims of non-receipt.
Practical Example:
If a summons is issued against an accused, the police officer or authorized person must personally deliver it to the accused or at their residence and report the service to the court before the hearing date.
Conclusion:
Section 93 of the CrPC is essential for the administration of justice as it prescribes the proper method of serving summons, warrants, and other processes in criminal proceedings. This ensures that parties receive notice, safeguarding their right to a fair trial and due process.
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