Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 90: Issue of warrant in lieu of, or in addition to, summons.
A 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—
- (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
- (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.
Brefe Detail
Section 90 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the conditions under which a Court may issue a warrant for the arrest of a person instead of, or in addition to, a summons. The Court must record its reasons in writing for issuing the warrant.
Question & Answers
Q: Under what circumstances can a Court issue a warrant instead of a summons?
A: A Court may issue a warrant if it believes the person has absconded or will not obey the summons, or if the person fails to appear after the summons has been duly served and no reasonable excuse is provided.
Q: What must a Court do before issuing a warrant?
A: The Court must record its reasons in writing before issuing a warrant for arrest.
Q: Can a warrant be issued after a summons has been served?
A: Yes, a warrant can be issued after the summons is served but before the time fixed for appearance if the Court sees reason to believe that the person will not comply.
Example
- Example 1: If a person is summoned to appear in court and is believed to have fled, the Court can issue a warrant for their arrest instead of waiting for their appearance.
- Example 2: If a summons is served to a person, and they do not show up without a valid reason, the Court may issue a warrant based on the proof of service of the summons.
Summary
Section 90 of the Bharatiya Nagarik Suraksha Sanhita, 2023, grants Courts the authority to issue arrest warrants in lieu of or in addition to summonses under specific conditions, ensuring that the process is documented with written reasons for the Court's decision.
