CrPC Section 90
Text Essence of Section 90 CrPC
The section states that:
The provisions in the CrPC that relate to summons and warrants of arrest (their form, duration, execution, etc.) are to be applied so far as they are applicable also to every summons and every warrant of arrest issued under this Code.
Detailed Explanation
Scope of Section 90
This section ensures that all general rules about summons and arrest warrants apply uniformly, unless specifically excluded.
In short, whatever procedure is mentioned for summons or warrants in the CrPC must be followed in all cases where a summons or warrant is issued under any provision of the Code.
Uniformity of Procedure
Summons and warrants are two important legal instruments used by courts to secure the presence of persons.
Section 90 ensures there is no confusion or difference in practice—rules of service, execution, return, etc., must be consistently applied.
Application in Different Situations
For example:
A summons issued to a witness in a trial will follow the same process as a summons issued to an accused.
Similarly, the warrant of arrest issued for an accused or a warrant issued for a person who fails to obey summons will follow the same procedures provided in the CrPC.
Flexibility
The phrase “so far as may be” means the provisions apply only to the extent they are relevant.
Example: If a certain provision about warrants doesn’t logically fit a particular kind of summons, then it won’t be applied forcefully.
Illustration
Suppose a Magistrate issues a summons to an accused under Section 204 CrPC (issue of process).
The way the summons is written, served, and proved will follow the detailed provisions of summons mentioned in the CrPC.
If the person doesn’t appear, the court may issue a warrant of arrest.
The execution of that warrant will follow the provisions for warrants (like who can execute it, how it must be endorsed, etc.) mentioned elsewhere in the Code.
Purpose of Section 90
To avoid repetition of procedural rules throughout the CrPC.
To make sure that all summons and warrants issued anywhere in the Code follow the same standardized procedure.
It provides legal certainty and uniformity in criminal proceedings.
✅ In summary:
CrPC Section 90 ensures that all the rules relating to summons and warrants of arrest—their issue, form, service, execution, and return—apply uniformly to every summons and warrant issued under the CrPC, to the extent they are relevant.
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