Procedure in issuing summons / warrant by CWC

From :
Bathula Chinnaiah
Chairperson - CWC
Karnul District.

Question: Please reveal the procedure in issuing summons / warrant by CWC

Summons and warrants:

The CWC can ask relevant persons connected with the child’s life and circumstances to come before the CWC. These could include a parent, teacher, doctor, neighbour, social worker/NGO staff, employer and any significant adult related to that particular case. At first, these persons could be called through a letter sent by Registered AD. If there is no response to the letter, then CWC can issue summons under section 54 of JJ Act, 2000.

Summons:

CWC issues summons through the SJPU/police. The summons are to be prepared in duplicate, (Annexure 10) the original is to be given to the party that is being summoned and the second remains as a copy. If the party does not turn up on the day that they were summoned for the hearing, the CWC can order the police to serve the summons again.

The summons are sent to the address of the person being asked to come before the CWC. The summons can be received by any adult member at the address of the person being summoned.

When the summons are served, the police is expected to take the signature and date of the adult receiving the summons. If the party is unable to attend the date given by the CWC, he /she is expected to write the reason for not being able to come on that date on the copy of the summons. 

If the party is not available at home, the police is expected to paste the copy of the summons on the door, especially if the visit by police has already been made three times.

If the person summoned has not appeared before CWC even after he has been issued summons thrice, the CWC can issue a Notice to the person. (See annexure-10 in SOP )

If the summons are served to the police for evidence or any other matter and the police is unable to attend on that date, the police will give its reasons in writing for not being able to appear before the CWC. This application has to be approved by her/his senior officer.

Warrant:

If there is no response to the Notice, CWC issues a bailable warrant asking the person to come and see the CWC.  If the person fails to come and also fails to give reason and proof for not being able to come and meet the CWC, the 2nd  time a non bailable warrant is issued and the police can arrest the person. 

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ANNEXURE

SUMMONS TO A WITNESS

CHILD WELFARE COMMITTEE, ……………………DISTRICT

Date:
Admn. No.
Probation Officer:
Police Station:
Case No.:

To,
……………………………………………………………
……………………………………………………………
………………………………………………………….

Boy child / Girl child: ……………………………
Under Section: …………………………………….
You are her by summoned to appear the Child Welfare Committee, …………………………………… (District) on ……………………………… at …………………………. to testify that what you know in the matter of the ‘child in need of Care and Protection’.

Given under the hand and seal of

the Child Welfare Committee,

………………………………..District.

Chairperson/Member,

Child Welfare Committee,

…………………………….. (DISTRICT)