Section 57
Summons Or Warrant For Arrest To Be Issued
(1) After a
complaint has been made pursuant to this Act, the court shall, subject
to this Chapter, issue a summons or warrant for arrest, as required, to
enforce the appearance of any accused who is not present along with
the complaint in a case related to an offence set forth in Schedule-1
and Schedule- 2.
(2) The court shall, pursuant to sub-section (1), issue a
warrant for arrest to enforce the appearance of the accused of the
following offence:
(a) A heinous or grave offence,
(b) An offence of attempt to, abetment of, or criminal
conspiracy to, or being accomplice to, any offence set
forth in clause (a) or offence of hiding the accused of
such offence or aiding such accused to abscond.
(3) The court may, as required, issue a summons to enforce
the appearance of the accused of any offence other than that referred
to in sub-section (2).
Provided that if the court has a reasonable reason to believe
that the accused has absconded and his or her arrest is unlikely or the
accused fails to appear before the court within the time limit
specified in the summons, the court may issue a warrant for arrest
pursuant to sub-section (2), in the case of such accused.
(4) The court may issue a warrant for arrest to arrest and
produce any person who is bound to produce any document, exhibit
70
or evidence required to be produced before the court if there is a
reasonable reason to believe that such person is likely to conceal or
destruct such document, exhibit or evidence or such person fails to
produce such document, exhibit or evidence before the court within
the time limit specified in the summons issued pursuant to subsection
(3).
(5) With the issuance of a warrant for arrest pursuant to
sub-section (4), the court may order any employee or police officer
to search the place where the document, exhibit or evidence referred
to in that Section is kept and produce such document, exhibit or
evidence before the court.
(6) The employee or police officer referred to in sub-section
(5) shall search any place in accordance with Section 18.
(7) A summons or warrant for arrest to be issued by the
court under this Section to enforce the appearance of any accused
shall be accompanied by a notice, in the form referred to in
Schedule-22, indicating, inter alia, the contents of the complaint.
complaint has been made pursuant to this Act, the court shall, subject
to this Chapter, issue a summons or warrant for arrest, as required, to
enforce the appearance of any accused who is not present along with
the complaint in a case related to an offence set forth in Schedule-1
and Schedule- 2.
(2) The court shall, pursuant to sub-section (1), issue a
warrant for arrest to enforce the appearance of the accused of the
following offence:
(a) A heinous or grave offence,
(b) An offence of attempt to, abetment of, or criminal
conspiracy to, or being accomplice to, any offence set
forth in clause (a) or offence of hiding the accused of
such offence or aiding such accused to abscond.
(3) The court may, as required, issue a summons to enforce
the appearance of the accused of any offence other than that referred
to in sub-section (2).
Provided that if the court has a reasonable reason to believe
that the accused has absconded and his or her arrest is unlikely or the
accused fails to appear before the court within the time limit
specified in the summons, the court may issue a warrant for arrest
pursuant to sub-section (2), in the case of such accused.
(4) The court may issue a warrant for arrest to arrest and
produce any person who is bound to produce any document, exhibit
70
or evidence required to be produced before the court if there is a
reasonable reason to believe that such person is likely to conceal or
destruct such document, exhibit or evidence or such person fails to
produce such document, exhibit or evidence before the court within
the time limit specified in the summons issued pursuant to subsection
(3).
(5) With the issuance of a warrant for arrest pursuant to
sub-section (4), the court may order any employee or police officer
to search the place where the document, exhibit or evidence referred
to in that Section is kept and produce such document, exhibit or
evidence before the court.
(6) The employee or police officer referred to in sub-section
(5) shall search any place in accordance with Section 18.
(7) A summons or warrant for arrest to be issued by the
court under this Section to enforce the appearance of any accused
shall be accompanied by a notice, in the form referred to in
Schedule-22, indicating, inter alia, the contents of the complaint.