CrPC Section 486
CrPC Section 486: Power to Reissue Summons or Warrants in Certain Cases
Text of Section 486 (paraphrased for clarity):
"When a summons or warrant has been returned as undelivered, or the person summoned or accused has not appeared before the court, the court may either reissue the summons or warrant, or issue a fresh summons or warrant to secure the presence of the person."
Key Points to Understand:
Purpose of Section 486:
Ensures that non-appearance of the accused or witness does not stop the judicial process.
Provides the court legal authority to reissue summons or warrants for proper trial proceedings.
Scope:
Applies when:
A summons/warrant is not delivered, or
The person does not appear despite being summoned.
Court’s Power:
The court can:
Reissue the same summons/warrant to the person.
Issue a fresh summons or warrant to ensure attendance.
This is crucial for maintaining continuity in criminal or civil proceedings.
Importance in Criminal Procedure:
Prevents delays or obstruction in trials due to the absence of witnesses or accused.
Ensures the accused cannot evade justice easily by avoiding initial summons.
Illustration / Example:
Undelivered Summons:
A court issues a summons to a witness, but the post office returns it undelivered.
The court can reissue the summons or send a fresh one to secure the witness’s presence.
Non-Appearance of Accused:
An accused person fails to appear despite a properly served summons.
The court may issue a warrant for arrest or a fresh summons to ensure the accused attends.
✅ In short:
Section 486 CrPC gives the court the authority to reissue or issue fresh summons/warrants when the original ones are ineffective, ensuring the judicial process continues without obstruction.
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