Issue of warrant in lieu of, or in addition to, summons
Section 90 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with issue of warrant in lieu of, or in addition to, summons. 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 fo The Act came into force on 01 Jul 2024.
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.
Section 90, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 87 Issue of warrant in lieu of, or in addition to, summons Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Satender Kumar Antil vs Central Bureau of Investigation
Decided under Code of Criminal Procedure 87, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Bail is the rule and jail is the exception in criminal procedure. The presumption of innocence, being a facet of Article 21 of the Constitution, places the burden on the prosecution to prove guilt. Courts must exercise their discretion in granting or refusing bail judiciously, considering all relevant factors including the nature and gravity of the offence, the severity of punishment, the conduct of the accused during investigation, the delay in trial, and the likelihood of the accused absconding. Investigating agencies must comply with Section 41 and 41A of the CrPC by recording reasons for arrest and for not arresting. Non-compliance with these provisions entitles the accused to bail. Courts must act as guardians of liberty and ensure that personal liberty is protected in accordance with the procedure established by law.
On this section: Issue of warrant in lieu of or in addition to summons; discretion to be exercised with reasons
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Hussain vs Union of India
Decided under Code of Criminal Procedure 87, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Speedy trial is a fundamental right guaranteed under Article 21 of the Constitution of India. This right cannot be denied due to lack of resources. When criminal trials or appeals remain pending for extended periods without fault of the accused, the accused is entitled to either expedited trial completion within specified timelines (6 months for magisterial trials and 2 years for sessions trials with accused in custody; 5 years for appeals) or bail. High Courts are constitutionally obligated to issue directions to subordinate courts ensuring these timelines are met, and to monitor compliance through appropriate action plans and judicial performance assessments. The State is required to augment judicial infrastructure, including appointing additional judges, establishing forensic laboratories, and digitizing case records, to fulfill this constitutional obligation. Undertrial prisoners who have undergone detention exceeding the likely sentence upon conviction must be released on personal bond. These are mandatory obligations, not discretionary matters.
On this section: Service of summons procedures referenced in context of trial in absentia provisions from Bangladesh amendments
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Pratap Singh Gaekwad vs State of Nct of Delhi
Decided under Code of Criminal Procedure 87, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Rejection of an application seeking exemption from personal appearance due to some contingency cannot, by any stretch of imagination, come within the ambit of either absconding or not obeying the summons or non-appearance despite proof of due service of summons or 'non-appearance' as contemplated by Section 89 CrPC, nor such 'non-appearance' is a breach of condition of the bond either of a person who is on bail or of a surety that such a person shall attend at the time and place mentioned in the bond. Therefore, no court shall forfeit personal bond or surety bond or issue warrant of arrest merely because an exemption application is rejected.
On this section: Warrant of arrest can be issued only after recording reasons in writing when accused has absconded, will not obey summons, or has failed to appear despite proof of due service; rejection of exemption application does not fall within these grounds
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Pratap Singh Gaekwad vs State of Nct of Delhi
Decided under Code of Criminal Procedure 87, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Rejection of an application for exemption from personal appearance due to some contingency cannot, by any stretch of imagination, come within the ambit of either absconding or not obeying summons or non-appearance despite proof of due service of summons or 'non-appearance' as contemplated by Section 89 CrPC, nor can such 'non-appearance' be a breach of condition of the bond either of a person on bail or of a surety. Therefore, no court shall forfeit personal bond or surety bond or issue non-bailable warrants merely because an exemption application is rejected. The only permissible course is to direct the accused to appear or issue summons.
On this section: Conditions for issuance of warrant of arrest: (a) accused has absconded, (b) accused will not obey summons, or (c) accused has failed to appear despite proof of due service. Court must record reasons in writing. Rejection of exemption does not fall within these conditions.
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Pratap Singh Gaekwad vs State of Nct of Delhi
Decided under Code of Criminal Procedure 87, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Rejection of an application for exemption from personal appearance in criminal proceedings, by no stretch of imagination, can come within the ambit of either absconding, not obeying summons, or non-appearance despite proof of due service of summons as contemplated by Sections 87 and 89 CrPC. Therefore, rejection of such an application cannot be grounds for issuing warrants of arrest, forfeiting personal bonds, forfeiting surety bonds, or issuing notice to sureties. The only proper course when exemption is rejected is to direct the accused to appear on the next date or to issue summons for appearance under Section 205 CrPC. Before forfeiting any bond under Section 446 CrPC, the court must satisfy itself about proof of breach of bond conditions and must record reasons of such proof in writing.
On this section: Warrant of arrest can only be issued after recording reasons in writing when: (a) accused has absconded, (b) accused will not obey summons, or (c) accused failed to appear despite proof of due service; rejection of exemption does not fall within these categories
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Rita Nagpal vs State
Decided under Code of Criminal Procedure 87, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A warrant of arrest cannot be issued by a court unless the court first records its reasons in writing and demonstrates that the conditions specified in Section 87 of the Criminal Procedure Code are satisfied. The absence of recorded reasons constitutes a gross procedural infirmity that renders the warrant legally invalid and subject to judicial review and cancellation.
On this section: The court analyzed Section 87 CrPC which governs the issuance of warrants of arrest. The court emphasized that a warrant can only be issued if the court records its reasons in writing and if specific conditions are met: either the court has reason to believe the person has absconded or will not obey summons, or the person fails to appear after summons is duly served with no reasonable excuse. The lower court violated this requirement by not recording any reasons for concluding the medical certificate was fraudulent.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 90
What have the courts held on Section 90 of the Bharatiya Nagarik Suraksha Sanhita?
Satender Kumar Antil vs Central Bureau of Investigation (11 Jul 2022) is the leading judgment on this section among those set out below, though it was decided under CRPC 87, which this section replaced -- the court never mentioned this Act: Issue of warrant in lieu of or in addition to summons; discretion to be exercised with reasons. Another 5 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2003 to 2022.
How do I find court cases under Section 90 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 90, section 90 BNSS, section 90 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 90 day chargesheet limit and 90 bnss in crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 6 reported judgments on this section are set out on this page, beginning with Satender Kumar Antil vs Central Bureau of Investigation (11 Jul 2022).
What should I read with Section 90 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
1 other provision in this corpus refers back to it. It carries forward CrPC 87 (Issue of warrant in lieu of, or in addition to, summons), so the judgments decided under that provision are the case law on this one.
When did Section 90 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 90 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 90, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.