Section 90 CrPC: Summons & Arrest Warrants
This section deals with the issuance of summons and arrest warrants by a Magistrate. It outlines the procedures for such issuance and the conditions under which they can be issued.
1. State the Code
Section 90 of the Code of Criminal Procedure, 1973 (CrPC)
2. Explain the Code
This section lays down the procedures for issuing summons and arrest warrants by a Magistrate. It covers situations where:
- A person is accused of an offense and has to be brought before the Magistrate.
- A witness needs to be summoned to appear before the Magistrate.
It further specifies that a warrant of arrest can only be issued if:
- The Magistrate has reason to believe that the accused has committed a non-bailable offense.
- The accused has been summoned but failed to appear.
3. Illustrate the Code
Imagine a situation where a person is accused of theft. The investigating officer finds sufficient evidence and believes that the accused is likely to abscond. In this case, the officer can approach the Magistrate seeking an arrest warrant. The Magistrate, upon examining the evidence, can issue an arrest warrant if they find reason to believe that the accused has committed the offense and there is a risk of absconding. The police can then execute the warrant and arrest the accused.
4. Common Questions & Answers
Q1: Who can issue summons and arrest warrants under Section 90?
A: Only a Magistrate can issue summons and arrest warrants under this section.
Q2: What are the grounds for issuing an arrest warrant?
A: An arrest warrant can be issued if the Magistrate believes that the accused has committed a non-bailable offense or if the accused has been summoned but failed to appear.
Q3: What are the procedures for serving a summons or an arrest warrant?
A: Specific procedures for serving summons and arrest warrants are outlined in the CrPC. These procedures involve delivering the summons or warrant to the concerned individual personally or through a designated method as per the law.
