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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.
Study Notes
Section 87 of the Code of Criminal Procedure empowers a court to issue a warrant for the arrest of a person in lieu of or in addition to a summons. The detailed notes with examples are as follows:
-Grounds for issuing a warrant:
(a) If the court sees reason to believe that the person summoned has absconded or will not obey the summons before the issue of the summons or before the time fixed for his appearance; or
(b) If the person fails to appear at the specified time, and the summons has been duly served in time, and no reasonable excuse is offered for the failure.
-Recording reasons in writing:
The court is required to record its reasons in writing for issuing a warrant instead of a summons.
For example, if a person is summoned to appear before the court as a witness or an accused but the court has reason to believe that he may abscond or will not obey the summons, the court may issue a warrant for his arrest. Similarly, if the person fails to appear at the specified time, and no reasonable excuse is offered, the court may issue a warrant. The court must record its reasons for issuing the warrant in writing.
s.71 and s.87 of Cr.P.C
Section 71 of the Code of Criminal Procedure allows for the release of a person arrested under a warrant if they furnish security for their attendance before the court. It is applicable to a warrant issued under Section 87, which allows a court to issue a warrant for the arrest of a person in lieu of or in addition to a summons. However, the incorporation of such an endorsement is discretionary and not mandatory for the court. This means that the court has the option to include the endorsement for release on security, but it is not obligated to do so. Therefore, Section 87 is not controlled by Section 71.
When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, such officer may require such person to execute a bond, with or without sureties, for his appearance in such Court, or any other Court to which the case may be transferred for trial.
Study Notes
Section 88 of the Code of Criminal Procedure empowers the presiding officer of a court to require a person, who is present in the court and for whose appearance or arrest the officer is authorised to issue a summons or warrant, to execute a bond for his appearance in the court or any other court to which the case may be transferred for trial. Here are some detailed notes on this section:
- Applicability: The section is applicable only when the person is present in the court.
- Purpose: The purpose of requiring a bond is to ensure the person’s appearance in court when required.
- Bond: The person may be required to execute a bond, with or without sureties, for his appearance.
- Conditions: The bond may contain conditions that the person must comply with, such as appearing in court on the specified dates, cooperating with the investigation, etc.
- Sureties: The court may require one or more sureties for the bond to ensure that the person appears in court when required.
- Discretion: The decision to require a bond is at the discretion of the presiding officer of the court.
For example, if a person is accused of a crime and is present in court, the presiding officer may require the person to execute a bond for his appearance in court on the specified dates. The bond may contain conditions such as cooperating with the investigation, not leaving the country without permission, etc. The court may also require one or more sureties for the bond to ensure that the person appears in court when required. The decision to require a bond is at the discretion of the presiding officer of the court.
The case of Madhu Limaye vs Sub-Divisional Magistrate 1971 AIR 2486 clarified the application of sections 88 and 111 of the Code of Criminal Procedure. According to the case, for section 88 to apply, the person who is to be bound over must be (1) present in the court and (2) a free agent. If the person is already under arrest and in custody, section 88 does not apply as his appearance does not depend on his own volition.
Furthermore, section 88 is not applicable to proceedings under Chapter VIII of the Code. However, it may be available until an order under section 111 is drawn up. After that, the magistrate has to act under sections 112 and 116(1) (section 117(1)).
When any person who is bound by any bond taken under this Code to appear before a Court, does not appear, the officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him.
Study Notes
Section 89 of the Code of Criminal Procedure (CrPC) relates to the arrest of a person who fails to appear before a court despite being bound by a bond to do so. Here are the notes for this section:
- Bond for appearance: A bond for appearance is a legal document that requires a person to appear before a court at a specific time and date.
- Failure to appear: If the person who is bound by a bond to appear before a court fails to do so, the officer presiding over the court can take action against them.
- Warrant for arrest: The officer presiding over the court can issue a warrant for the arrest of the person who failed to appear, directing that they be brought before the court.
- Arrest and production: The warrant allows the police or any other authorised person to arrest the person who failed to appear and produce them before the court.
- Purpose of arrest: The purpose of the arrest is to ensure that the person who failed to appear before the court is brought before the court to face the charges against them.
Example: Suppose that a person is charged with a criminal offence and is granted bail on the condition that they appear before the court on a specific date. However, on the day of the hearing, the person fails to appear before the court. In such a case, the officer presiding over the court can issue a warrant for the arrest of the person and direct the police to bring them before the court. The purpose of the arrest is to ensure that the person is brought before the court to face the charges against them.
The provisions contained in this Chapter relating to a summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Code.