Issue of warrant in lieu of, or in addition to, summons
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Summary
When a court can summon a person, it may instead or additionally issue a warrant for arrest after recording reasons in writing. That can happen if the court believes the person has absconded or will not obey the summons, either before the summons or after it but before the appearance time. A warrant may also be issued if the summons was duly served, the person fails to appear and offers no reasonable excuse.
Example
Priya is served a summons to appear as a witness in a theft case. She does not attend on the fixed date and offers no reasonable excuse. After recording its reasons in writing the court issues a warrant for her arrest in addition to the summons.
Bare Act
Enacted textA Court may, in any case in which it is empowered by this Code 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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