Vol. 12 · pages 446–450

425THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA Section 68 I. Summons to appear and II. Warrant to arrest Section 68 I. Summons to appear Every summons issued by a Court under this Code shall be in writting in duplicate, signed and sealed by the presiding officer of such Court or by such other officer as the High Court may, from time to time by rule direct. (2) Summons shall be served by a police-officer, or, subject to such rules as the Local Government may prescribed in this behalf, by an officer of the Court issuing it or other public servant. Section 69 Personal Service (1) Summons shall if, practicable, be served personally on the persons summoned, by delivering or tendering to him one of the duplicates of the summons. (2) Every person served with summons shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. (3) Service on Corporations Service on incorporate company or other body corporate may be effected by serving it on the Secretary, local manager or other principal officer of the corporation in British India. In such case the service shall be deemed to have been effected when the letter would arrive in ordinary course of post. Section 70 Service when person cannot be found may be served by leaving one of the duplicates for him with some adult male member of his family, or, in a Presidency-town, with his servant residing with him. The person with whom it is left, shall sign on the back of the duplicate. Substituted service is improper where sufficient steps are not taken to serve accused personally. 69 J. C. 627.

426 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Section 71 If this is not possible, then the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides. Section 72 Service on a Government Servant or of Railway Company. Where person summoned is in the active service of the Government or of a Railway Company, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed ; and such head shall thereupon cause the summons to be served in manner provided by Section 69 and shall return it to the Court under his signature with the endorsement required by that Section. (2) Such signature shall be evidence of due service. Section 73 Service of summons out of local limits. When a Court desires that a summons issued by it shall be served at any place outside the local limits of its jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within the local limits of whose jurisdiction the person summoned resides or is, to be there served. Section 74 Proof of service in such cases when serving officer is not present. (1) An affidavit, purporting to be made before a Magistrate, that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by S. 69 or S. 70) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved. (2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the Court.

427THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA Service on pleader is not sufficient. 6 C.W.N. 927 Copy should be served and it is not enough merely to show it. 5 B. H. C. R. 20. Tender amounts to service if summons is refused. 28 M. L. F. 505. Refusing to receive summons is no offence. II Warrant of Arrest Section 75 (1) Shall be in writing, signed by the Presiding Officer, or in the case of a Bench of Magistrates, by any member of such Bench and shall bear the seal of the Court. Warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed. (2) Difference between Summons and Warrant. Summons is an order to the person to be summoned. Warrant is not an order to the person to be arrested. Therefore a person can be punished for disobedience of a summons. But he cannot be punished for a disobedience of a warrant. 5 W.R.ed. 71. Section 76 Court may direct Security to be taken. (1) The Issuing Court may in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody. (2) The endorsement shall state. (a) The number of sureties; (b) The amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound; and (c) The time at which he is to attend before the Court.

428 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES (3) Whenever security is taken under this section, the officer, to whom the warrant is directed, shall forward the bond to the Court. Section 77 (1) Warrant to whom directed. Warrant shall ordinarily be directed to one or more policeofficer, and when issued by a Presidency Magistrate, shall always be so directed; but any other Court issuing such a warrant may, if its immediate execution is necessary and no police-officer is immediately available, direct it to any other person or persons; and such person or persons shall execute the same. (2) Warrant addressed to more than one person. May be executed by all or by any one or more of them. Section 78 (1) Warrant may be directed to Land holder, farmer, or manager of land, for the arrest of (1) any escaped convict, (2) proclaimed offender, or (3) person who has been accused of a non-bailable offence, and who has eluded persuit. (2) Who shall sign it and execute it, if the person is on the land under his charge. (3) On arrest the person shall be made over to the nearest police station. Section 79 A police officer to whom a warrant has been addressed may endorse it on to another police officer to execute. Section 80 Arresting party shall notify the substance of the warrant to the person arrested.

429THE LAW OF CRIMINAL PROCEDURE IN BRITISH INDIA Section 81 Subject to the provisions of Section 76 as to Security, the arresting party shall without unnecessary delay, bring the person arrested before the Court before which he is required to produce him. Section 82 Warrant of arrest may be executed at any place in British India. Section 83 When warrant is to be executed outside the local limits of the jurisdiction of the Court issuing the same, such Court may, instead of directing such warrant to a police officer, forward the same by post or otherwise to any Magistrate, or District Superintendent of Police, or the Commissioner of Police in a Presidency town, within the local limits of whose jurisdiction it is to be executed. (2) The Magistrate or D. S. P., or Commissioner whom such warrant is so forwarded, shall endorse his name thereon, and if practicable, cause it to be executed in manner hereinbefore provided, within the local limits of his jurisdiction. Section 84 When a warrant directed to a police-officer is to be executed outside the jurisdiction, he shall ordinarily take it for endorsement either to a Magistrate or to a police officer not below the rank of an officer in charge of a station within the limits within which the warrant is to be executed. (2) Such Magistrate or police officer shall endorse his name thereon and such endorsement shall be sufficient authority to the police officer to whom the warrant is directed to execute the same. (3) If the obtaining of endorsement is likely to cause delay, it may be executed without endorsement. Section 85 When arrest is made outside, the person arrested shall be taken to the Magistrate, D. S. P., Commissioner of Police.