PROCESS TO

COMPEL
APPEARANCE-4
Other rules regarding Processes
◦ 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.