Section 87 of The Code of Criminal Procedure, 1973
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.
Summary
- A court can issue an arrest warrant instead of a summons if it believes the person will run away.
- A warrant can also be issued if the person is expected to disobey a summons.
- If a person fails to show up after receiving a summons and has no good excuse, the court can issue a warrant.
- The court must write down its reasons for choosing a warrant over a summons.
- This power applies to any case where the court is authorized to call someone to appear.
FAQ
1. Can a judge issue a warrant for me if I haven't received a summons yet under CrPC Section 87?
Yes, if the court believes you have absconded or will not obey a summons, it can issue a warrant before or after the summons would have been issued.
2. What must a court do before issuing a warrant under Section 87 of the Code of Criminal Procedure, 1973?
The court must record its reasons for issuing the warrant in writing.
3. Can I get a warrant for missing a court date under Section 87 of the Criminal Procedure Code?
Yes, if a summons was properly served in time and you fail to appear without a reasonable excuse, the court can issue a warrant for your arrest.
4. Does Section 87 of the Code of Criminal Procedure, 1973, only apply to accused criminals?
No, the section applies to any person whose appearance the court is empowered to require by summons.
Test yourself
Q1.Under Section 87 of the Code of Criminal Procedure, 1973, what is a valid reason to issue a warrant instead of a summons?
Q2.What is the requirement for a warrant issued after someone fails to appear under Section 87 of the Criminal Procedure Code?
Q3.Under Section 87 of the Code of Criminal Procedure, 1973, a court must record its reasons for issuing a warrant in what form?
Q4.Which earlier sections of the list deal with consequences if a warrant under Section 87 of the Code of Criminal Procedure, 1973, cannot be executed?