BNSS Section 90 — Issue of warrant in lieu of, or in addition to, summons

Summary

A court that has the power to issue a summons for someone to appear can instead issue a warrant for their arrest. The court must write down its reasons for doing so. This can happen if the court has reason to believe the person has run away or will not follow the summons, either before the summons is issued or after it is issued but before the appearance date. It can also happen if the person fails to appear on time, the summons was properly served with enough time to appear, and no reasonable excuse is given for the failure.

Official Text

A Court may, in any case in which it is empowered by this Sanhita 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.

Related Judgments

• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.8 p.785 — Supreme Court of India (2025)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §87 — Issue of warrant in lieu of, or in addition to, summons