Code
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.
Explain the Code
This section provides the Magistrate with the power to issue a warrant for the arrest of an accused person in certain situations, instead of or along with a summons. The issuance of a warrant instead of a summons is justified when:
- There are reasonable grounds to believe that the accused is likely to abscond or tamper with evidence if only a summons is issued.
- The accused has previously disregarded or disobeyed a summons.
- The nature of the offense is serious and requires immediate action.
- The accused is a habitual offender or has a history of committing similar offenses.
Even if a summons is issued, the Magistrate can also issue a warrant alongside it if there is a substantial risk of the accused failing to appear in court.
Illustrate the Code
Let’s consider a situation where a person is accused of committing a serious crime like murder. The Magistrate, after examining the evidence, believes that the accused is likely to flee the country if only a summons is issued. In such a case, the Magistrate can issue a warrant for the accused’s arrest under Section 87 CrPC.
Common Questions and Answers
Here are some common questions and answers related to Section 87 CrPC:
Q1. What is the difference between a summons and a warrant?
A: A summons is a legal document that requires a person to appear in court on a specific date and time. A warrant, on the other hand, authorizes the police to arrest a person.
Q2. Can a warrant be issued without a summons?
A: Yes, a warrant can be issued without a summons under Section 87 CrPC if the Magistrate believes it is necessary to ensure the accused’s appearance in court.
Q3. Can a warrant be issued alongside a summons?
A: Yes, a warrant can be issued alongside a summons if there is a substantial risk of the accused failing to appear in court.
Q4. What are the consequences of failing to appear in court after receiving a summons or a warrant?
A: If a person fails to appear in court after receiving a summons, they may be subject to a fine or other penalties. If they fail to appear after receiving a warrant, they may be arrested and brought to court.
