Section 90: Issue Of Warrant In Lieu Of, Or In Addition To, Summons
Code: Section 90 of the Bharatiya Nagarik Suraksha Sanhita
(BNSS)
Explanation: This section empowers a court regarding issue of warrant in
for the arrest of a person instead of a summons in certain situations. It
replaces Section 90 of the Code of Criminal Procedure (CrPC), which
previously governed this process.
When a Warrant Can Be Issued:
- Before Issuance of Summons: If the court has reason to
believe, before issuing a summons, that the person has absconded or will
not obey the summons. - After Issuance of Summons: If the court has reason to
believe, after issuing a summons but before the scheduled appearance
date, that the person has absconded or will not obey the summons. - Failure to Appear: If the person fails to appear at the
scheduled time, and the summons is proven to have been served
sufficiently in advance, and no reasonable excuse is offered for their
absence.
Illustration: Issue Of Warrant In Lieu Of, Or In Addition To, Summons
A person is accused of theft. The court issues a summons for their
appearance. However, before the appearance date, the police receive
information that the accused has fled the city. In this case, the court can
issue a warrant for the accused’s arrest under Section 90 of the BNSS.
Common Questions and Answers:
- Q: What constitutes “reasonable excuse” for not appearing?
A: Ill health, unavoidable circumstances, or any other
legitimate reason that prevents the person from appearing at the
scheduled time. - Q: Can the court issue a warrant without recording its reasons in
writing?A: No. The court must record its reasons in writing for
issuing a warrant under Section 90. - Q: What are the consequences of being arrested under a warrant
issued under Section 90?A: The person will be brought before the court and
proceedings will continue as per the law.
