Section 32 of The Code of Civil Procedure, 1908
Penalty for default.
The Court may compel the attendance of any person to whom a summons has been issued under section 30 and for that purpose may
- (a)issue a warrant for his arrest;
- (b)attach and sell his property;
- (c)impose a fine upon him 1 [not exceeding five thousand rupees];
- (d)order him to furnish security for his appearance and in default commit him to the civil prison.
Summary
- This section allows the court to punish people who do not follow a summons to attend court.
- The court can issue a warrant for the arrest of someone who ignores a summons.
- Judges have the power to attach and sell the property of a person who fails to show up.
- A fine of up to five thousand rupees can be imposed on the defaulting person.
- The court can demand security for appearance or send the person to civil prison.
Practical examples
FAQ
1. What is the maximum fine under Section 32 of The Code of Civil Procedure, 1908?
The maximum fine that can be imposed under Section 32 of The Code of Civil Procedure, 1908, is five thousand rupees.
2. Can a witness be arrested for not coming to court under the 1908 Code?
Yes, Section 32 of the 1908 Code gives the court the specific power to issue a warrant for the arrest of a person who defaults on a summons.
3. What happens if a person fails to give security for their appearance under Section 32 of the Civil Procedure Act?
Under Section 32 of the Civil Procedure Act, if a person is ordered to furnish security and fails to do so, the court may commit them to civil prison.
Test yourself
1.Under Section 32 of The Code of Civil Procedure, 1908, the court can compel attendance if a summons was issued under which other section?
2.What is the highest fine allowed under Section 32 of The Code of Civil Procedure, 1908?
3.Which of these is NOT a penalty listed in Section 32 of The Code of Civil Procedure, 1908?
4.Under Section 32 of The Code of Civil Procedure, 1908, what is the consequence of failing to furnish security for appearance?