Chapter VI
Section 87 CrPC: Issue of warrant in lieu of, or in addition to, summons
New Law Update (2024)
Section 70 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) 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
(2) 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.
Important Sub-Sections Explained
Section 87(1) CrPC
This sub-section empowers the court to issue a warrant against a person even before or immediately after issuing a summons, if the court has strong reasons to believe that the person has absconded or will deliberately not obey the summons.
Section 87(2) CrPC
This sub-section allows the court to issue a warrant if a person fails to appear at the designated time, despite being duly served with a summons, and cannot provide a reasonable and valid excuse for their non-appearance.
Landmark Judgements
Inder Mohan Goswami v. State of Uttaranchal (2007):
The Supreme Court underscored that the power to issue a non-bailable warrant is not to be exercised mechanically. It should be used judiciously and with caution, generally after a summons has been issued and the accused fails to appear, or if there is a strong reason to believe that the accused is absconding or will not obey the summons. The Court emphasized that an arrest warrant should not be issued as a matter of course.
Raghuvansh Dewanchand Bhasin v. State of Maharashtra (2012):
This judgment reiterated the principles governing the issuance of warrants, stressing that such a power, though available under Section 87 CrPC, must be exercised with circumspection and only when absolutely necessary. It highlighted that non-bailable warrants should be issued only when compelling reasons exist, such as the accused absconding or deliberately avoiding the court’s process, to ensure fair administration of justice.