Section 87 CrPC: Warrant in Lieu of or Alongside Summons
1. State the Code
Section 87 of the Code of Criminal Procedure, 1973 (CrPC) deals with the issuance of a warrant in lieu of or alongside a summons.
2. 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.
3. 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.
4. 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.
