SOP Station House Management by Kerala Police

9.6. SERVICE OF SUMMONS AND EXECUTION OF WARRANTS 101
by rule direct and shall bear
the seal of the Court (Section
61 of CrPC). Every summons
shall be served by a Police Officer,
or by an Officer of the
Court issuing it, or another
public servant. The summons
if practicable be served personally
on the person served
by delivering or tendering to
him one of the duplicate of
the summons. Every person
on whom a summons is so
served, shall if so required by
the serving officer, sign a receipt
therefore on the back of
the other duplicate: (Section
62 of CrPC) Where the person
summoned cannot, by the
exercise of due diligence, be
found, the summons may be
served by leaving one of the
duplicates for him with some
adult male member of his family
residing with him and the
person with whom the summon
is so left shall if so required
by the serving officer,
sign a receipt therefore on the
back of the other duplicate. A
servant is not a member of the
family (Section 64 CrPC).
If service cannot by the
exercise of due diligence be
effected as provided in sections
62, 63 and 64 CrPC,
the serving offìcer shall affix
the duplicate of the summon
to some conspicuous part of
the house or home- stead in
which the person summoned
ordinarily resides and thereupon
the Court, after making
such inquiries as it thinks
fit, may either declare that the
summon has been duly served
or order fresh service in such
manner as it considers proper.
(Section 65 CrPC).
The Sub-Inspectors and
Inspectors should understand
that no summon can be returned
to Court un-served in
view of the above provisions
in CrPC and this is possible if
theCivil Police Officers know
the methods of service and the
promptness required.
Warrant means a written
authorisation for arresting a
person or for carrying a Judgment
into execution or for
seizing or searching of property.
Every warrant of arrest issued
by a Court under CrPC
shall be in writing, signed by
the presiding officer of such
Court and shall remain force
until it is cancelled by the
Court which issued it or until
it is executed (Section 70
CrPC). Any Court issuing a
warrant for the arrest of any
person 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 the custody.
The endorsement in the warrant
shall state -
(a) the number of sureties
(b) the amount in which
they and the person for whose
arrest the warrant is issued,
one to be respectively bound
(c) the time at which he is
to attend before the Court.
Whenever security is
taken under this provision,
the officer to whom the warrant
is directed shall forward
the bond to the Court (Sec
71 CrPC). A warrant directed
to any Police Officer may also
be executed by any other Police
officer whose, name is
endorsed upon the warrant by
the officer to whom it is directed
or endorsed (Section74
CrPC). The Police Officer or
other person executing a warrant
of arrest shall without
unnecessary delay bring the
person arrested before the
Court before which he is required
by law to produce such
person. Provided that such
delay shall not in any case,
exceed twenty four hours exclusive
of the time necessary
for the journey from the place
of arrest to the Magistrate’s
Court (Sec 76 of CrPC)
9.6.1 A warrant of arrest
maybe executed
at any
place in India
(Sec 77 of CrPC) The warrant
of arrest should contain
the name and address of the
person to be arrested and the
case in which he is to be arrested.
It may be possible
that with the same name and
at times with similar fathers
name, there may be more
than one person in that locality.
The Police Officer has
to be cautious in not arresting
a wrong person. This
will not only lead to complaints
against the Police Officer
but would also give chance
to the actual person to be arrested
to abscond. Identification
of correct person to be arrested
is necessary. The Police
officer executing the warrant
should inform the person
to be arrested, the reasons
for arrest and if necessary, the
warrant should be read over
or shown to the person to
be arrested. However, the
warrant should not be given
to the person to be arrested.
The SHO while endorsing
the warrant for execution
should never depute a single
Police officer for ar-