Jigyasa Joshi, Vivekananda Institute of Professional Studies
INTRODUCTION
To procure the attendance of the accused at his trial the Code contemplates two methods, i.e., either by issuing a summons to him or by his arrest and detention. The Judicial Officer has been given the discretion1, subject to the provisions of the Code, to opt from either of the methods on the information generally obtained from the police or complainant. However, issuing of summons shall be the first recourse or preference, the Magistrate may issue a warrant, if he thinks fit by explaining his reasons in writing. Absconding of accused or intentional omission to attend the court are probable consequences of issuing the summons. Hence, S. 174 of Indian Penal Code, 1860 penalise the disobedience of summons with the punishment of 6 months or with fine upto Rs. 1,000 or with both.
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