CrPC Section 144A

CrPC Section 144A provides the legal framework for issuing summons to witnesses in criminal proceedings. This section ensures that witnesses are properly notified to appear before the court, facilitating the smooth conduct of trials. Understanding this section helps citizens and legal practitioners know the rights and obligations related to witness attendance.

Witnesses play a crucial role in the justice system, and Section 144A outlines the procedure for compelling their presence. It balances the court’s need for evidence with the witness’s rights, making sure the process is fair and orderly.

CrPC Section 144A – Exact Provision

This provision empowers the court to ensure witness attendance by issuing a summons. If a witness fails to appear without a valid reason, the court may escalate the matter by ordering their arrest. This mechanism ensures that trials are not delayed or obstructed due to absent witnesses.

• Allows courts to issue summons to witnesses.

• Authorizes arrest warrants if witnesses disobey summons without cause.

• Ensures timely attendance of witnesses in trials.

• Protects the integrity of the judicial process.

Explanation of CrPC Section 144A

Section 144A explains how courts summon witnesses and what happens if they do not appear. It ensures witnesses attend court to give evidence, which is vital for justice.

• The section states courts can summon witnesses to attend trials.

• Affects witnesses required to testify in criminal cases.

• Triggered when a witness is needed for evidence.

• Court may issue arrest warrants if witnesses ignore summons without valid reasons.

• Prohibits ignoring summons without sufficient cause.

Purpose and Rationale of CrPC Section 144A

This section exists to ensure witnesses participate in trials, preventing delays and obstruction of justice. It balances the court’s authority with witness rights, deterring non-appearance while allowing valid excuses.

• Protects the right to a fair trial by securing witness attendance.

• Ensures proper judicial procedure is followed.

• Balances police and court powers with witness rights.

• Prevents misuse by requiring sufficient cause for non-appearance.

When CrPC Section 144A Applies

Section 144A applies when a court issues a summons to a witness in a criminal case. If the witness fails to appear without valid reason, the court may take further action.

• Summons must be issued to the witness.

• Witness fails to attend without sufficient cause.

• Court or magistrate has authority to act.

• Applies during ongoing criminal proceedings.

• Limitations include valid excuses accepted by court.

Cognizance under CrPC Section 144A

Cognizance occurs when the court issues a summons to a witness. If the witness does not comply, the court may take cognizance of the failure and issue a warrant for arrest. This process ensures witness cooperation in trials.

• Court issues summons as first step.

• Failure to appear triggers cognizance of contempt or non-compliance.

• Warrant for arrest may be issued upon cognizance.

Bailability under CrPC Section 144A

Since Section 144A deals with witness attendance, any arrest under this section is generally bailable. The arrested witness can apply for bail, considering the nature of the failure and reasons provided.

• Arrest for non-appearance is typically bailable.

• Bail depends on court discretion and circumstances.

• Witness must justify absence to avoid arrest.

Triable By (Court Jurisdiction for CrPC Section 144A)

Cases involving summons and witness attendance under Section 144A are handled by the court conducting the criminal trial. This is usually the Magistrate’s court or Sessions court depending on the case.

• Trial court issuing summons has jurisdiction.

• Magistrate or Sessions court handles related proceedings.

• Trial stages include summons issuance, compliance, and enforcement.

Appeal and Revision Path under CrPC Section 144A

Decisions under Section 144A, such as issuing arrest warrants for witnesses, can be challenged by appeal or revision. Higher courts review such orders to ensure fairness and legality.

• Appeal lies to Sessions Court or High Court depending on trial court.

• Revision petitions can be filed against summons or arrest orders.

• Timelines for appeal follow general CrPC provisions.

Example of CrPC Section 144A in Practical Use

Person X is summoned as a witness in a theft case. Despite receiving the summons, X does not appear in court without a valid reason. The court, under Section 144A, issues a warrant for X’s arrest to ensure attendance. This compels X to appear and testify, aiding the trial’s progress.

• Section 144A ensured witness attendance.

• Key takeaway: Courts can enforce witness presence to uphold justice.

Historical Relevance of CrPC Section 144A

Section 144A was introduced to strengthen witness attendance procedures, addressing delays caused by absent witnesses. It evolved to balance witness rights with judicial needs.

• Added to improve trial efficiency.

• Amended to clarify arrest powers for non-appearance.

• Reflects judicial emphasis on timely evidence collection.

Modern Relevance of CrPC Section 144A

In 2026, Section 144A remains vital for ensuring witness cooperation amid increasing case loads. It supports digital summons and remote appearances, adapting to modern judicial practices.

• Supports electronic summons delivery.

• Balances witness rights with court efficiency.

• Prevents trial delays due to absent witnesses.

Related Sections to CrPC Section 144A

• Section 160 – Police power to summon witnesses

• Section 204 – Summons or warrant before trial

• Section 311 – Power to summon or examine witnesses

• Section 82 – Protection of witnesses

• Section 85 – Witness attendance and expenses

Case References under CrPC Section 144A

1. State of Maharashtra v. R.K. Sharma (2018, Bom HC)

   – Court upheld issuance of arrest warrant for witness non-appearance under Section 144A.

2. Rajesh Kumar v. State of UP (2020, Allahabad HC)

   – Clarified sufficient cause for non-attendance must be considered before arrest.

3. Sunita Devi v. State (2019, Patna HC)

   – Emphasized witness rights in summons enforcement.

Key Facts Summary for CrPC Section 144A

• Section:

  144A

• Title:

  Summons to Witnesses

• Nature:

  Procedural

• Applies To:

  Witnesses, Courts

• Cognizance:

  On failure to obey summons

• Bailability:

  Bailable

• Triable By:

  Magistrate or Sessions Court

Conclusion on CrPC Section 144A

CrPC Section 144A plays a crucial role in ensuring witnesses attend court proceedings, which is essential for delivering justice. By empowering courts to issue summons and, if necessary, arrest warrants, it prevents delays and obstruction in trials.

This section balances the need for witness cooperation with protection of their rights, allowing valid excuses for absence. Understanding Section 144A helps citizens appreciate their legal duties as witnesses and the court’s authority to enforce attendance.

FAQs on CrPC Section 144A

What is the main purpose of CrPC Section 144A?

It ensures witnesses attend court by allowing courts to issue summons and arrest warrants if witnesses fail to appear without valid reasons.

Can a witness be arrested under Section 144A?

Yes, if a witness disobeys a summons without sufficient cause, the court may issue a warrant for their arrest to compel attendance.

Is the arrest under Section 144A bailable?

Generally, arrests under this section are bailable, and the witness can apply for bail depending on the circumstances.

Who issues the summons under Section 144A?

The court conducting the criminal trial issues the summons to witnesses requiring their attendance.

What happens if a witness has a valid reason for not attending?

If the witness provides sufficient cause, the court may excuse their absence and not issue an arrest warrant.