CrPC 87→BNSS 90

CrPC 87 to BNSS 90: Issue of warrant in lieu of, or in addition to, summons

Section 87 CrPC (1973) replaced by Section 90 BNSS (2023)

View CrPC Section 87 →View BNSS Section 90 →

CrPC 87 to BNSS 90 at a Glance

Section 87 CrPC (Issue of warrant in lieu of, or in addition to, summons) is now Section 90 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 87 to BNSS 90?

Section 90 BNSS has the same heading and the same text as Section 87 CrPC, except that Section 90 BNSS reads this Sanhita where Section 87 CrPC read this Code.

CrPC 87 vs BNSS 90: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section8790
HeadingIssue of warrant in lieu of, or in addition to, summonsSame

CrPC 87 and BNSS 90: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 87, CrPC 1973

87. Issue of warrant in lieu of, or in addition to, summons.—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.
BNSS 2023 (in force)

Section 90, BNSS 2023

90. 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 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.

When It Applies: CrPC 87 vs BNSS 90

Under CrPC 87
  1. Section 87 CrPC applies in any case in which the Court is empowered by the Code to issue a summons for the appearance of any person.
  2. The Court issues the warrant for arrest after recording its reasons in writing.
  3. Under Section 87(a) CrPC, the warrant may be issued either before the issue of the summons, or after the issue of the summons but before the time fixed for appearance, if the Court sees reason to believe that the person has absconded or will not obey the summons.
  4. Under Section 87(b) CrPC, the warrant may be issued if the person fails to appear at that time, the summons is proved to have been duly served in time to admit of the person appearing in accordance with it, and no reasonable excuse is offered for the failure.
Under BNSS 90
  1. Section 90 BNSS applies in any case in which the Court is empowered by the Sanhita to issue a summons for the appearance of any person.
  2. The Court issues the warrant for arrest after recording its reasons in writing.
  3. Under Section 90(a) BNSS, the warrant may be issued either before the issue of the summons, or after the issue of the summons but before the time fixed for appearance, if the Court sees reason to believe that the person has absconded or will not obey the summons.
  4. Under Section 90(b) BNSS, the warrant may be issued if the person fails to appear at that time, the summons is proved to have been duly served in time to admit of the person appearing in accordance with it, and no reasonable excuse is offered for the failure.

What CrPC 87 to BNSS 90 Means in Practice

Section 87 CrPC has no sub-sections, and maps as a whole to Section 90 BNSS. Both provide for a Court to issue, after recording its reasons in writing, a warrant for arrest in lieu of, or in addition to, a summons.

FAQs: CrPC 87 to BNSS 90

Where is Section 87 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 87 CrPC has no sub-sections, and maps as a whole to Section 90 BNSS.

Is the text of Section 90 BNSS the same as Section 87 CrPC?▼

Section 90 BNSS has the same heading and the same text as Section 87 CrPC, except that Section 90 BNSS reads this Sanhita where Section 87 CrPC read this Code.

Which word differs between Section 90 BNSS and Section 87 CrPC?▼

Section 90 BNSS reads this Sanhita where Section 87 CrPC read this Code.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·