Criminal procedure | India

Section 87 CrPC: Warrant in Lieu of or in Addition to Summons - Section 90 BNSS

A court may issue an arrest warrant instead of, or in addition to, a summons when specified legal conditions are met. Section 87 of the Code of Criminal Procedure, 1973 (CrPC) corresponds to Section 90 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Current legal position: The BNSS came into force on 1 July 2024. Section 90 is the corresponding provision for cases governed by the BNSS. Section 87 CrPC remains relevant to older proceedings where the repeal and savings provisions, including Section 531 BNSS, preserve the earlier procedure.

What does Section 87 CrPC mean?

Section 87 CrPC authorises a court that can summon a person to issue an arrest warrant, provided the court records its reasons in writing and the statutory circumstances exist. Its purpose is to secure attendance in court, not to impose punishment for missing a hearing.

Legal provision: Section 87 of the CrPC, 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.

Section 90 BNSS: Corresponding current provision

Section 90 BNSS, titled Issue of warrant in lieu of, or in addition to, summons, substantially retains the two grounds and the requirement to record written reasons found in Section 87 CrPC. It refers to the court's power under the BNSS rather than the former Code.

Legal reference	Subject
Section 87 CrPC	Earlier provision allowing a warrant instead of or in addition to summons.
Section 90 BNSS	Corresponding provision under the criminal procedure law effective from 1 July 2024.
Section 531 BNSS	Repeal and savings, relevant to determining the law applicable to pending matters.

When can a court issue a warrant instead of summons?

1. Risk of absconding or disobeying summons

Under clause (a), the court may act before a summons is issued, or after it is issued but before the appearance date, if it has reason to believe the person has absconded or will not obey the summons. The reasons must be recorded in writing.

2. Failure to appear after proper service

Under clause (b), a warrant may be issued where the person fails to appear, the summons was duly served with sufficient time to attend, and no reasonable excuse for the absence is offered. The court must assess these conditions rather than treat every absence as automatically warranting arrest.

Important legal terms explained

Summons: A formal court process requiring a person to appear at the specified time and place.
Arrest warrant: A written judicial order authorising the arrest of a named person according to law.
Absconding: Evading legal process or remaining unavailable in circumstances indicating an intention to avoid appearance; mere absence alone does not necessarily establish absconding.
Duly served: Delivery or service of a summons in accordance with applicable legal requirements.
Reasonable excuse: A legally acceptable explanation for non-appearance, assessed on the facts by the court.

Procedure and safeguards

The court must have legal authority to issue a summons for the person's appearance.
At least one of the conditions in clause (a) or clause (b) must be satisfied.
The court must record its reasons in writing before issuing the warrant.
Where clause (b) is relied upon, proof of timely and proper service and the absence of a reasonable excuse are material.
The warrant is executed in accordance with the other applicable provisions governing warrants and arrest. Whether a warrant is bailable or non-bailable depends on the governing law and judicial order; Section 90 does not itself require every warrant to be non-bailable.

What should a person do if a warrant is issued?

Promptly obtain the order and case details, consult a qualified advocate, and seek appropriate relief from the competent court. Depending on the circumstances, the person may apply for cancellation or recall of the warrant and explain any genuine reason for non-appearance. The availability of bail or other relief depends on the case and the applicable law.

Frequently asked questions

Is Section 87 CrPC still applicable after 1 July 2024?

Section 90 BNSS is the corresponding provision under the new procedural law. Earlier proceedings may remain governed by CrPC provisions under the BNSS repeal and savings framework; applicability must be assessed in the individual case.

Can a court issue a warrant without first serving a summons?

Yes, where clause (a) applies and the court records reasons to believe the person has absconded or will not obey summons. Prior service is not invariably required under that clause.

Does missing one hearing automatically justify an arrest warrant?

No. Clause (b) requires proper and timely service, failure to appear, and absence of a reasonable excuse, along with recorded reasons. Other lawful powers may apply in particular circumstances.

Are Sections 87 CrPC and 90 BNSS substantially the same?

Yes. Both address issuing a warrant instead of, or in addition to, summons on the same principal statutory grounds.

Official legal sources and further reading

Read the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code and the official BPR&D publication of the BNSS. These primary sources should be checked for statutory wording, amendments and commencement details.

This article is for general legal information, not a substitute for advice on a specific case.