CrPC Section 35
Section 35 of the Criminal Procedure Code (CrPC), 1973 – Power to Require Attendance of Witnesses
Text of the Section:
“When any Court is empowered under this Code to compel the attendance of any person to give evidence or to produce documents or things, such Court may issue a summons or warrant for the attendance of such person, and may, if the person so summoned or warned fails without sufficient cause to attend as required, issue a warrant for his arrest and may also issue a warrant to bring the person before the Court.”
Detailed Explanation:
1. Introduction:
Section 35 of the CrPC grants courts the authority to compel the attendance of witnesses or individuals required to produce documents or other evidence in criminal proceedings. It ensures that the judicial process is not obstructed by the absence of essential evidence or witnesses.
2. Purpose:
The purpose of this section is to:
Empower courts to summon witnesses or persons possessing relevant evidence.
Enforce attendance when necessary to ensure the trial or inquiry proceeds smoothly.
Maintain the integrity of the criminal justice system by securing evidence vital for just decisions.
3. Key Provisions:
Summons or Warrant: The court may issue:
A summons (a legal notice) requiring a person to appear in court.
A warrant (an order for arrest) if a summons is ignored or the situation demands immediate attendance.
Failure to Attend: If the person fails to comply without a valid reason, the court can:
Issue a warrant for their arrest.
Order that the person be brought forcibly before the court.
Applicable Courts: Any court empowered by the CrPC to require evidence or documents can invoke this section.
4. Importance of Section 35:
Ensures Fair Trial: Without essential witnesses or evidence, a fair trial cannot proceed.
Deters Evasion: Discourages witnesses or evidence holders from avoiding court proceedings.
Judicial Authority: Reaffirms the court’s power to enforce its orders and maintain order in proceedings.
5. Practical Implications:
Courts often issue summons first to witnesses.
If a witness or relevant person fails to appear, the court may escalate to issuing a warrant.
Arrest of a witness under this section is to compel attendance, not as a punitive measure.
6. Relation with Other Sections:
Section 46 of CrPC deals with the execution of warrants of arrest.
Sections 87 to 90 provide additional procedures for summoning and arresting witnesses.
7. Judicial Interpretation:
Courts have held that Section 35 is essential for the proper administration of justice. However, it is also recognized that arresting a witness is a measure of last resort after reasonable opportunity to appear voluntarily has been given.
Conclusion:
Section 35 of the CrPC empowers courts to ensure the attendance of witnesses or persons possessing vital evidence by issuing summons or warrants. This provision is fundamental to upholding the effectiveness and fairness of the criminal justice process, by preventing obstruction and guaranteeing the availability of necessary evidence in court.
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