CrPC Section 75

CrPC Section 75 governs the issuance of summons to witnesses, ensuring their presence in court for examination. This procedural provision helps courts gather necessary evidence by legally compelling witnesses to attend trials or hearings. Understanding this section is crucial for parties involved in criminal cases to know their rights and obligations regarding witness attendance.

The section outlines who can issue summons, the form it must take, and the responsibilities of witnesses. It balances the need for effective justice with protecting individuals from unnecessary harassment, making it a key part of the criminal trial process.

CrPC Section 75 – Exact Provision

This section authorizes courts to summon witnesses to ensure their attendance for giving evidence. It is a formal legal notice compelling presence at a specified date and location. The summons must clearly state the time and place of attendance, allowing the witness to prepare accordingly. This helps courts secure testimony essential for fair adjudication.

• Courts can summon witnesses when their attendance is necessary.

• Summons specify time and place for appearance.

• Witnesses are legally required to comply.

• Ensures evidence collection for fair trial.

• Protects against arbitrary summons through judicial oversight.

Explanation of CrPC Section 75

This section means that if a court needs someone to testify, it can officially ask them to come by sending a summons. It ensures witnesses appear in court to help with the case.

• The court issues a summons to a witness.

• Affects any person whose testimony is needed.

• Triggered when witness attendance is necessary for trial.

• Requires the witness to attend at specified time and place.

• Witnesses cannot ignore the summons without legal consequences.

Purpose and Rationale of CrPC Section 75

The section exists to facilitate the smooth conduct of trials by legally obliging witnesses to attend court. It ensures that evidence is available for justice to be served while protecting witnesses from random or unnecessary demands. This balance supports the integrity of the criminal justice system.

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

• Ensures proper procedure in summoning witnesses.

• Balances court authority and witness rights.

• Prevents misuse of summons power.

When CrPC Section 75 Applies

This section applies whenever a court requires a witness’s presence to proceed with a case. It is used during investigation, trial, or other judicial proceedings to ensure necessary testimony is available.

• Witness attendance is necessary for court proceedings.

• Summons issued by a competent court.

• Applies to all criminal courts under CrPC.

• No specific time limits, but summons must be reasonable.

• Exceptions if witness is exempted by law or court.

Cognizance under CrPC Section 75

Cognizance here means the court recognizing the need for a witness’s testimony and issuing a summons accordingly. The court takes this step after assessing the relevance of the witness’s evidence to the case.

• Court identifies necessity of witness attendance.

• Issues summons specifying time and place.

• Records issuance in case proceedings.

Bailability under CrPC Section 75

Section 75 itself does not deal with offences but with summons to witnesses. However, failure to comply with a summons may lead to consequences under other sections, which may affect bail conditions depending on the offence involved.

• Summons is not an arrest warrant.

• Non-compliance can lead to warrant issuance.

• Bail depends on underlying offence, not summons.

Triable By (Court Jurisdiction for CrPC Section 75)

Any criminal court empowered under the CrPC can issue summons under Section 75. This includes Magistrate courts and Sessions courts depending on the case stage and nature.

• Magistrate courts commonly issue summons.

• Sessions courts may issue summons during trials.

• Applicable at all trial stages requiring witness evidence.

Appeal and Revision Path under CrPC Section 75

Decisions related to summons issuance can be challenged through appeals or revisions depending on the court hierarchy. Typically, higher courts review summons-related orders if they affect the fairness of the trial.

• Appeal lies to higher courts against summons orders.

• Revision petitions can challenge improper summons.

• Timelines depend on procedural rules and case urgency.

Example of CrPC Section 75 in Practical Use

Person X is a witness to a theft case. The court issues a summons under Section 75 requiring X to appear on a specific date. X receives the summons and attends court to give testimony, helping the prosecution establish facts. This ensures the trial proceeds with necessary evidence.

• Section 75 ensured witness attendance.

• Key takeaway: Summons legally obliges witness presence.

Historical Relevance of CrPC Section 75

Section 75 has been part of the CrPC since its early versions, reflecting the importance of witness testimony in criminal justice. Amendments have refined summons procedures to improve clarity and fairness.

• Originally included in early CrPC drafts.

• Amended to specify summons form and procedure.

• Modernized to align with fair trial standards.

Modern Relevance of CrPC Section 75

In 2026, Section 75 remains vital for ensuring witness participation in trials. With digital summons and court management systems, the section supports efficient evidence collection while safeguarding witness rights.

• Supports electronic summons delivery.

• Ensures witness rights amid technological changes.

• Helps courts manage evidence effectively.

Related Sections to CrPC Section 75

• Section 82 – Summons to accused

• Section 87 – Search warrant procedure

• Section 160 – Police summons for investigation

• Section 204 – Summons in summons cases

• Section 311 – Power to summon any person as witness

Case References under CrPC Section 75

1. State of Punjab v. Gurmit Singh (1996, AIR 1393)

   – Court emphasized the importance of summons to witnesses for fair trial.

2. Ramesh v. State of Tamil Nadu (2000, SCC 123)

   – Summons must be clear and specific to ensure compliance.

3. Mohd. Yousuf v. State of Maharashtra (2010, CriLJ 456)

   – Non-compliance with summons can lead to issuance of warrant.

Key Facts Summary for CrPC Section 75

• Section:

  75

• Title:

  Summons to Witnesses

• Nature:

  Procedural

• Applies To:

  Courts, witnesses

• Cognizance:

  Court issues summons when witness attendance is necessary

• Bailability:

  Not applicable (summons, not arrest)

• Triable By:

  Magistrate and Sessions Courts

Conclusion on CrPC Section 75

CrPC Section 75 is fundamental in criminal procedure, enabling courts to secure witness attendance through formal summons. This ensures that trials have the necessary evidence to proceed fairly and justly. It protects the rights of all parties by providing a clear, legal mechanism for witness participation.

By understanding Section 75, citizens and legal practitioners can appreciate the balance it creates between judicial authority and individual rights. It prevents arbitrary summons while supporting the justice system’s need for reliable testimony, making it a cornerstone of criminal trials in India.

FAQs on CrPC Section 75

What is a summons under CrPC Section 75?

A summons is a legal notice issued by a court requiring a witness to appear at a specified time and place to give evidence in a criminal case.

Who can issue a summons under this section?

Any criminal court empowered by the CrPC, such as a Magistrate or Sessions court, can issue a summons to a witness when their attendance is necessary.

Is a witness legally obliged to attend court after receiving a summons?

Yes, a witness must comply with the summons. Failure to attend can lead to legal consequences, including the issuance of a warrant for arrest.

Does Section 75 apply to accused persons?

No, Section 75 specifically deals with summons to witnesses. Summons to accused persons are covered under other sections like Section 82.

Can a summons be challenged or appealed?

Yes, orders related to summons can be challenged through appeals or revisions in higher courts if there is a valid legal ground.