CrPC Section 220
Section 220 CrPC — Issue of warrant of arrest
Text of Section 220:
220. Issue of warrant of arrest.
When a summons has been issued to a person and he fails to appear, the court may issue a warrant for his arrest, and may cause him to be brought before it.
Detailed Explanation
1. Context & Purpose:
Section 220 deals with the procedure that follows when a person who has been summoned by the court fails to appear as required. A summons is a written order issued by the court requiring the person to appear before it. If the person ignores or disobeys this summons, the court is empowered under Section 220 to take stronger action — by issuing a warrant for arrest.
This section ensures that the judicial process is not hampered by someone’s deliberate absence after being summoned.
2. Key Points:
Who does it apply to?
A person who has been summoned to appear before the court but does not comply (i.e., fails to appear).
What action can the court take?
The court may:
Issue a warrant of arrest against that person.
Direct the authorities to arrest that person and produce them before the court.
3. Difference between summons and warrant:
Summons: A summons is a gentle and initial way to ask a person to appear in court voluntarily.
Warrant: If the person ignores the summons, a warrant is a stronger order authorizing law enforcement to arrest the person forcibly.
Section 220 acts as the link between these two steps.
4. Purpose of the warrant:
To compel the appearance of the person before the court.
To prevent delay or obstruction in the judicial process.
To uphold the authority of the court.
5. Discretion of the court:
The court is not bound to issue a warrant immediately after non-appearance.
The issuance of a warrant is at the discretion of the court.
The court may take into consideration the reasons for non-appearance before issuing the warrant.
Summary:
When a person is summoned by the court and fails to appear, the court can issue a warrant of arrest under Section 220.
This warrant authorizes the police or other law enforcement officers to arrest the person and bring them before the court.
The section ensures the court’s power to enforce its summons and maintain order in judicial proceedings.
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