CrPC Section 87 — Issue of warrant in lieu of, or in addition to, summons

Summary

The Court may issue a warrant for a person’s arrest in a case where it can issue a summons for that person to appear, but only after recording its reasons in writing.

Under clause (a), the Court may issue a warrant if, before issuing the summons or after issuing it but before the time set for the person to appear, it has reason to believe that the person has absconded or will not obey the summons.

Under clause (b), the Court may issue a warrant if the person fails to appear at the required time, the summons is proved to have been duly served in time to allow the person to appear as required, and no reasonable excuse is offered for the failure.

Official Text

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.

Referred to by

• CrPC §204 — Issue of process

Related Judgments

• SATENDER KUMAR ANTIL vs CENTRAL BUREAU OF INVESTIGATION & ANR — Supreme Court of India (2022)
• reported in 1974 CRL.L.J. 176 (Subol Mondal & Anr.- vs -The — Calcutta High Court (Kolkata Principal Seat) (2023)
• HARIBHAI MALAVIYA AND ORS. vs THE STATE OF GUJARAT AND ANR — Supreme Court of India (2019)

Old <-> New Code Mapping

• BNSS §90 — Issue of warrant in lieu of, or in addition to, summons