This issue is covered in Section 87 of the Criminal Procedure Code:
“87. Issue of warrant in lieu of, or in addition to, summons.— A Court may, in any case in which it is empowered 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—
(a) if, either before the issue of such summons, or after the issue of the same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons; or
(b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.”
Thus, this section makes it quite clear that the trial court has the power to issue warrant for the arrest of a person (who may be a witness also) to ensure his appearance in court. Such warrant can be a bailable warrant or a non-bailable warrant (NBW).
In practice, generally, the trial courts initially issue summons for ensuring the appearance of a witness in a trial in the court so that his evidence could be recorded. If such witness fails to appear, without any justifiable reasons, even after receiving summons, or otherwise if the court feels that the witness is not likely to appear (as he has absconded) and is thus not likely to obey the summons, it may issue a warrant. Generally, even in these situations, initially a bailable warrant is issued, and if that also does not succeed to ensure presence of the witness, then a non-bailable warrant (NBW) may be issued. But, the court has the legal power to issue an NBW directly if the circumstances so require.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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