Issue of warrant in lieu of, or in addition to, summons
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Summary
If a court that can issue a summons believes a person has absconded or will not obey the summons, or if the person fails to appear after being duly served and gives no reasonable excuse, the court may record its reasons in writing and issue a warrant for arrest instead of, or in addition to, the summons. This power can be used before the appearance date or after a missed appearance.
Example
Priya was served a summons to appear as a witness but did not come on the fixed date and offered no reasonable excuse. The court recorded its reasons and issued a warrant for her arrest so she could be brought before the court.
Bare Act
Enacted textA Court may, in any case in which it is empowered by this Sanhita to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest-
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(a) if, either before the issue of such summons, or after the issue of the same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons; or
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(b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.
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