Processes to Compel Appearance Questions and Answers

Answer: A

The provision allowing a person aggrieved by a refusal to deliver property or the proceeds of its sale to appeal to the court to which appeals ordinarily lie is Section 86 of the Code of Criminal Procedure, 1973, titled appeal from orders under Section 85, which deals with the restoration of attached property.

Section 85 itself is the provision under which the property is restored or its proceeds dealt with, so it is the section the passage refers to and not the one it describes. Section 82 deals with proclamation for a person absconding and Section 88 with the power to take bond for appearance, so neither contains the appeal.

Answer: D

The provision is Section 84 of the BNSS.

Section 84 deals with proclamation of a person absconding. Where a proclamation is published against a person accused of an offence punishable with imprisonment of ten years or more, imprisonment for life or death, and he fails to appear as required, the court may, after inquiry, declare him a proclaimed offender. The old Code limited this to a list of specified IPC offences; the BNSS widens it to any offence of that gravity.

Sections 34, 40 and 75 of the BNSS deal with other matters of arrest and process, not proclamation.

Answer: D

A warrant of arrest may be executed at any place in India.

Section 77 of the BNSS provides that a warrant of arrest may be executed at any place in India. When it is to be executed outside the local jurisdiction of the issuing court, the BNSS lays down how it is forwarded to, or endorsed by, the Magistrate or police where it is to be executed.

Restricting execution to the court's local jurisdiction, to the State, or to thirty kilometres would let accused persons escape simply by crossing a boundary, which the section prevents.

Answer: D

The provision is Section 356.

Section 356 of the BNSS provides that when a person declared a proclaimed offender has absconded to evade trial and there is no immediate prospect of arresting him, the Court may proceed with the inquiry or trial, and pronounce judgment, in his absence, after certain safeguards such as notices and the appointment of an advocate for him.

Sections 299, 175 and 178 deal with other matters (Sections 175 and 178 with investigation), so none of them provides for trial in absentia of proclaimed offenders.