Section 90 of CrPC : Section 90: Provisions of this Chapter generally applicable to summonses and warrants of arrest.
CrPC
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Explanation using Example
Example 1:
Scenario: Rajesh, a resident of Mumbai, is accused of theft and the police need to ensure his appearance in court.
Application of Section 90:
- Summons Issuance: The court issues a summons to Rajesh, requiring him to appear before the court on a specified date.
- Service of Summons: The police deliver the summons to Rajesh at his residence.
- Execution: Rajesh receives the summons and appears in court on the given date.
If Rajesh fails to appear, the court may issue a warrant of arrest under the same provisions, ensuring that the process of compelling his appearance is consistent with the rules laid out in this Chapter.
Example 2:
Scenario: Priya, a businesswoman in Delhi, is suspected of fraud and the authorities need to secure her presence for questioning.
Application of Section 90:
- Warrant Issuance: The court issues a warrant for Priya's arrest to ensure she appears for questioning.
- Service of Warrant: The police visit Priya's office and serve the warrant.
- Execution: Priya is taken into custody and brought before the court.
The procedures for issuing, serving, and executing the warrant follow the same rules as those for summonses, ensuring a uniform approach to compelling appearances under the Code of Criminal Procedure, 1973.