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

Code of Criminal Procedure, 1973

Section 87 CrPC at a Glance

Section 87 CrPC deals with issue of warrant in lieu of, or in addition to, summons. From 1 July 2024 it is replaced by Section 90 BNSS.

Now BNSS

Section 90 →

What Section 87 CrPC Says

87. Issue of warrant in lieu of, or in addition to, summons

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.

Source: Section 87, Code of Criminal Procedure, 1973

Section 87 CrPC in Simple Words

Section 87 of the Code of Criminal Procedure, 1973 deals with the issue of a warrant in lieu of, or in addition to, a summons. In any case in which a Court is empowered by the Code to issue a summons for the appearance of any person, the Court may issue, after recording its reasons in writing, a warrant for the arrest of that person.

Section 87(a) CrPC applies if the Court sees reason to believe that the person has absconded or will not obey the summons. Section 87(b) CrPC applies if the person fails to appear at the time fixed, the summons is proved to have been duly served in time to admit of the person appearing in accordance with it, and no reasonable excuse is offered for the failure.

When Section 87 CrPC Applies

  • Section 87 CrPC applies in any case in which the Court is empowered by the Code to issue a summons for the appearance of any person.
  • The Court issues the warrant for arrest after recording its reasons in writing.
  • Under Section 87(a) CrPC, the warrant may be issued either before the issue of the summons, or after the issue of the summons but before the time fixed for appearance, if the Court sees reason to believe that the person has absconded or will not obey the summons.
  • Under Section 87(b) CrPC, the warrant may be issued if the person fails to appear at that time, the summons is proved to have been duly served in time to admit of the person appearing in accordance with it, and no reasonable excuse is offered for the failure.

Example of Section 87 CrPC

A Court is empowered by the Code to issue a summons for the appearance of Ramesh. The time fixed for Ramesh to appear passes and Ramesh does not appear. The summons is proved to have been duly served in time to admit of Ramesh appearing in accordance with it, and no reasonable excuse is offered for the failure. Under Section 87(b) CrPC, the Court may, after recording its reasons in writing, issue a warrant for the arrest of Ramesh.

When Section 87 CrPC Does Not Apply

  • Section 87 CrPC speaks of a Court empowered by the Code to issue a summons for the appearance of any person. It does not deal with a police officer who arrests a person without a warrant.
  • Section 87(a) CrPC speaks of a Court that sees reason to believe that the person has absconded or will not obey the summons. It does not deal with the proclamation for a person absconding, which is the subject of Section 82 CrPC.

Section 87 CrPC Under BNSS 90: What Changed

Section 87 CrPC is now covered under Section 90 BNSS.

Section 90 BNSS has the same heading and the same text as Section 87 CrPC, except that Section 90 BNSS reads this Sanhita where Section 87 CrPC read this Code.

View detailed comparison (CrPC 87 vs BNSS 90) →

FAQs on Section 87 CrPC

When may a Court issue a warrant under Section 87(a) CrPC?▼

Under Section 87(a) CrPC, a Court may issue a warrant for arrest, either before the issue of the summons or after the issue of the summons but before the time fixed for appearance, if the Court sees reason to believe that the person has absconded or will not obey the summons. The Court issues the warrant after recording its reasons in writing.

When may a Court issue a warrant under Section 87(b) CrPC?▼

Under Section 87(b) CrPC, a Court may issue a warrant for arrest if the person fails to appear at the time fixed, the summons is proved to have been duly served in time to admit of the person appearing in accordance with it, and no reasonable excuse is offered for the failure. The Court issues the warrant after recording its reasons in writing.

What must a Court do before issuing a warrant under Section 87 CrPC?▼

Section 87 CrPC provides that the Court issues the warrant for arrest after recording its reasons in writing.

Where is Section 87 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 87 CrPC has no sub-sections, and maps as a whole to Section 90 BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 from 1 July 2024.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 20 Oct 2026 ·