CrPC Section 116
CrPC Section 116 – Warrant may be issued for person absconding to avoid service of summons or notice
Text of Section 116 (Simplified):
If a person against whom a summons or a notice has been issued by a Court:
Avoids service of that summons or notice,
Or cannot be found after diligent inquiry,
the Court may issue a warrant for arrest of that person to ensure their attendance.
Explanation:
When the Court sends a summons or notice to someone (to appear as a witness or accused), and that person intentionally evades receiving it, the Court can take stronger action.
Instead of just trying to serve summons again, the Court can issue a warrant to arrest the person so they can be brought before the Court.
This helps prevent persons from avoiding the judicial process by deliberately not responding to Court communications.
Key Points:
| Aspect | Explanation |
|---|---|
| When applicable | When person avoids or evades summons or notice |
| Requirement | Diligent inquiry must be made to find the person |
| Court’s power | Can issue a warrant for arrest |
| Purpose | To secure the person’s attendance in Court |
Example:
If a witness is summoned but keeps changing address or avoiding the Court process, after efforts to locate them fail, the Court may issue a warrant for their arrest under Section 116.
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