CrPC Section 87

Section 87 of the Code of Criminal Procedure (CrPC), India

Section 87: Proclamation for person absconding to be issued by Magistrate

Text:

"Where any person against whom a warrant or summons has been issued, either for the purpose of compelling his attendance or for the purpose of giving evidence or producing a document or other thing—
(a) does not attend or appear in obedience to such warrant or summons; and
(b) the Magistrate is satisfied after making such inquiry as he thinks necessary that such person—
  (i) is avoiding service of the warrant or summons; or
  (ii) having been served with the summons, is willfully avoiding attendance or appearance,

the Magistrate may issue a proclamation requiring such person to appear at a time and place to be specified in the proclamation."**

Explanation:

If a person ignores or avoids a summons or warrant, the Magistrate can issue a proclamation (a public notice) requiring that person to appear in court.

This happens only after the Magistrate is convinced that the person is deliberately avoiding service or attendance.

The proclamation specifies the time and place for the person’s appearance.

Purpose:

To compel the attendance of a person who is evading the judicial process.

Serves as a formal public notification warning the individual of legal consequences if they continue to avoid court.

What happens next?

If the person still does not appear after the proclamation, the Magistrate may proceed with further steps such as issuing a warrant for arrest (Section 88), or proceeding ex parte (in the absence of the person).

 

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