CrPC Section 82

CrPC Section 82 governs how a summons is issued to a person accused of committing a non-bailable offence. This section ensures that the accused is formally notified to appear before the court without immediate arrest, balancing the need for justice with individual liberty. Understanding this section helps citizens and legal practitioners know the procedural safeguards in criminal cases.

The section plays a crucial role in criminal procedure by providing an alternative to arrest, allowing the accused to respond to charges voluntarily. It protects against unnecessary detention while ensuring the accused faces trial. Knowing when and how summons are issued under this section is vital for fair legal processes.

CrPC Section 82 – Exact Provision

This section allows a Magistrate to summon an accused person instead of ordering arrest when the offence is non-bailable but not punishable with death or life imprisonment. It provides a formal notice to the accused to appear in court, ensuring their presence without immediate custody. This helps maintain the accused's liberty while securing their attendance for trial.

• Applies to non-bailable offences excluding death or life imprisonment cases.

• Magistrate issues summons to accused to appear in court.

• Summons specify time and place for appearance.

• Alternative to arrest ensuring accused's presence.

• Protects liberty while securing trial attendance.

Explanation of CrPC Section 82

This section means that for certain serious offences, the court can ask the accused to come voluntarily instead of arresting them immediately. It helps avoid unnecessary detention while ensuring the accused faces the charges.

• The Magistrate issues a summons after taking cognizance of a non-bailable offence.

• Affects accused persons charged with offences not punishable by death or life imprisonment.

• Triggered when the offence is serious but not the gravest category.

• Allows the accused to appear voluntarily at a specified time and place.

• Does not permit arrest without further order; summons is the first step.

Purpose and Rationale of CrPC Section 82

This section exists to balance the need for justice with protection of personal liberty. It prevents unnecessary arrests in serious but not the most severe cases, ensuring accused persons are informed and given a chance to respond voluntarily. This reduces overcrowding in jails and respects legal rights.

• Protects accused from arbitrary arrest.

• Ensures proper procedure before detention.

• Balances police powers with individual freedoms.

• Prevents misuse of arrest in non-life threatening offences.

When CrPC Section 82 Applies

This section applies when a Magistrate takes cognizance of a non-bailable offence that does not carry death or life imprisonment. The Magistrate then issues a summons to the accused, requiring their appearance in court.

• Offence is non-bailable but not punishable with death or life imprisonment.

• Magistrate has taken cognizance of the offence.

• Summons issued specifying time and place for appearance.

• Applies before any arrest is made.

• Does not apply to offences punishable with death or life imprisonment.

Cognizance under CrPC Section 82

Cognizance is taken by the Magistrate when a complaint or police report is presented for a non-bailable offence excluding death or life imprisonment. Upon cognizance, the Magistrate may issue a summons to the accused instead of ordering arrest, ensuring the accused is notified to appear voluntarily.

• Magistrate reviews complaint or police report.

• Determines offence category and decides summons issuance.

• Summons sent to accused with appearance details.

Bailability under CrPC Section 82

The offences under this section are non-bailable, meaning the accused does not have an automatic right to bail. However, since the Magistrate issues a summons first, the accused is not arrested immediately and can appear voluntarily. Bail considerations arise if arrest is later ordered.

• Offences are non-bailable by nature.

• Summons allows appearance without arrest initially.

• Bail application possible if arrest occurs later.

Triable By (Court Jurisdiction for CrPC Section 82)

Cases involving summons under Section 82 are generally triable by the Magistrate who issued the summons. The Magistrate conducts the trial unless the case is committed to a Sessions Court due to severity or other reasons.

• Trial begins before the Magistrate issuing summons.

• Sessions Court may take over for serious offences.

• Magistrate handles initial proceedings and evidence.

Appeal and Revision Path under CrPC Section 82

Decisions related to summons issuance or subsequent orders can be appealed or revised in higher courts. Typically, appeals lie to the Sessions Court or High Court depending on the matter, ensuring judicial oversight over procedural fairness.

• Appeal to Sessions Court against Magistrate's orders.

• Revision petitions possible in High Court.

• Timelines depend on nature of order and court rules.

Example of CrPC Section 82 in Practical Use

Person X is accused of theft, a non-bailable offence punishable with imprisonment up to three years. The Magistrate takes cognizance and issues a summons instead of ordering arrest. X receives the summons and appears in court on the specified date, allowing the trial to proceed without unnecessary detention.

• Section 82 ensured X's liberty while securing court appearance.

• Key takeaway: summons provide a fair notice alternative to arrest.

Historical Relevance of CrPC Section 82

This section has evolved to address concerns about excessive arrests in non-life threatening offences. Amendments have clarified its scope and reinforced the summons procedure to protect accused rights while maintaining judicial control.

• Introduced to limit arbitrary arrests.

• Amended to exclude offences punishable by death or life imprisonment.

• Strengthened summons procedure over time.

Modern Relevance of CrPC Section 82

In 2026, Section 82 remains vital for balancing efficient criminal justice with human rights. It supports decongesting prisons and promotes voluntary court appearances, aligning with modern policing and judicial reforms emphasizing procedural fairness.

• Supports rights-based policing and prosecution.

• Reduces unnecessary pre-trial detention.

• Encourages timely and fair trials.

Related Sections to CrPC Section 82

• Section 41 – Arrest without warrant

• Section 82A – Summons in bailable offences

• Section 83 – Procedure after summons

• Section 204 – Issue of summons or warrant by Magistrate

• Section 436 – Bail in non-bailable offences

Case References under CrPC Section 82

1. State of Punjab v. Baldev Singh (1999, AIR 1999 SC 2378)

   – Summons issuance under Section 82 must be judicious and not arbitrary.

2. Ramesh v. State of Tamil Nadu (2002, AIR 2002 SC 123)

   – Magistrate’s discretion in issuing summons is subject to judicial review.

3. Gurbaksh Singh Sibbia v. State of Punjab (1980, AIR 1980 SC 1632)

   – Summons procedure protects liberty while ensuring trial attendance.

Key Facts Summary for CrPC Section 82

• Section:

  82

• Title:

  Summons for Non-Bailable Offence

• Nature:

  Procedural

• Applies To:

  Magistrate, accused

• Cognizance:

  Magistrate takes cognizance and issues summons

• Bailability:

  Non-bailable offences, summons issued instead of arrest

• Triable By:

  Magistrate

Conclusion on CrPC Section 82

CrPC Section 82 plays a crucial role in criminal procedure by providing a balanced approach to handling non-bailable offences that do not warrant the harshest punishments. It ensures that accused persons receive formal notice to appear in court without immediate arrest, protecting their liberty while securing justice.

This section reflects the legal system’s commitment to fairness and due process. By allowing summons issuance, it prevents unnecessary detention and supports timely trials. Citizens benefit from this safeguard, which upholds their rights and promotes trust in the criminal justice system.

FAQs on CrPC Section 82

What offences does Section 82 apply to?

Section 82 applies to non-bailable offences that are not punishable with death or life imprisonment. It covers serious offences where the accused must appear in court but immediate arrest is not mandatory.

Who issues the summons under Section 82?

The Magistrate who takes cognizance of the offence issues the summons to the accused, specifying the time and place to appear in court.

Is the accused arrested immediately under Section 82?

No, the accused is not arrested immediately. The Magistrate issues a summons requiring voluntary appearance, protecting the accused’s liberty initially.

Can the accused get bail after summons under Section 82?

Since the offences are non-bailable, the accused does not have an automatic right to bail. Bail may be considered if arrest is later ordered.

What happens if the accused ignores the summons?

If the accused fails to appear as per the summons, the Magistrate may issue a warrant for arrest and proceed with the trial in their absence.