◦ Q43: When can a warrant be issued by a Court in lieu of summons?

◦ Ans- Section 87 of The Code of Criminal Procedure,1973 empowers a Court to issue warrant
in lieu of, or in addition to, summons. It provides: `A court is empowered in any case 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-

◦ When Court sees reason to believe that person has been absconding or will not obey the
summons then it will issue such summons either before or after but before the time fixed for
his appearance.

◦ And if such person fails to appear and the summons is proved to have been duly served in
time to admit his appearing and no reasonable excuse is offered for such failure.

◦ Q44: What are the powers of a Court to take bond for appearance from a person who is
present before the court and for whose appearance such court is empowered to issue
summons or warrant?

◦ Ans- Section 88 of The Code of Criminal Procedure,1973 empowers the Court to take bond
for appearance. It lays down when an officer is present in a Court who is empowered to
issue a summons or warrant for arrest and appearance of any person. Such Officer is
empowered to require such person to execute a bond with or without sureties for his
appearance in such Court or any other Court where the case may be transferred for trial.

◦ Q45: Can a person who has filed a bond be arrested?

◦ Ans- Section 89 of The Code of Criminal Procedure,1973 states that when any person who is
bound by any bond taken under this Code to appear before a Court, does not appear, the
officer presiding in such Court may issue a warrant directing that such person be arrested
and produced before him.

◦ Section 89 has reference to the case of a person who is bound by a bond to appear in the
court. It provides for a warrant only in case the person does not appear at the time when he
is bound by the bond to appear; but it does not apply to a case where prior to the time for
appearance, arrest by warrant is sought to be effected.