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

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 90 BNSS at a Glance

Section 90 BNSS deals with issue of warrant in lieu of, or in addition to, summons. It replaced Section 87 CrPC on 1 July 2024.

Was CrPC

Section 87 →

Section 90 BNSS Bare Act Text

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.

Source: Section 90, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 90 BNSS in Simple Words

Section 90 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the issue of a warrant in lieu of, or in addition to, a summons. In any case in which a Court is empowered by the Sanhita to issue a summons for the appearance of any person, the Court may issue, after recording its reasons in writing, a warrant for the arrest of that person.

Section 90(a) BNSS applies if the Court sees reason to believe that the person has absconded or will not obey the summons. Section 90(b) BNSS applies if the person fails to appear at the time fixed, 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.

When Section 90 BNSS Applies

  • 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.
  • The Court issues the warrant for arrest after recording its reasons in writing.
  • 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.
  • 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.

Example of Section 90 BNSS

A Court is empowered by the Sanhita to issue a summons for the appearance of Suresh. The time fixed for Suresh to appear passes and Suresh does not appear. The summons is proved to have been duly served in time to admit of Suresh appearing in accordance with it, and no reasonable excuse is offered for the failure. Under Section 90(b) BNSS, the Court may, after recording its reasons in writing, issue a warrant for the arrest of Suresh.

When Section 90 BNSS Does Not Apply

  • Section 90 BNSS speaks of a Court empowered by the Sanhita to issue a summons for the appearance of any person. It does not deal with a police officer who arrests a person without a warrant.
  • Section 90(a) BNSS speaks of a Court that sees reason to believe that the person has absconded or will not obey the summons. It does not deal with the proclamation for a person absconding, which is the subject of Section 84 BNSS.

Section 90 BNSS in the CrPC (Previous Law)

Section 90 BNSS replaces Section 87 CrPC from the old criminal code.

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.

View CrPC Section 87 →

FAQs on Section 90 BNSS

When may a Court issue a warrant under Section 90(a) BNSS?▼

Under Section 90(a) BNSS, a Court may issue a warrant for arrest, 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. The Court issues the warrant after recording its reasons in writing.

When may a Court issue a warrant under Section 90(b) BNSS?▼

Under Section 90(b) BNSS, a Court may issue a warrant for arrest if the person fails to appear at the time fixed, 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. The Court issues the warrant after recording its reasons in writing.

What must a Court do before issuing a warrant under Section 90 BNSS?▼

Section 90 BNSS provides that the Court issues the warrant for arrest after recording its reasons in writing.

What changed from Section 87 CrPC to Section 90 BNSS from 1 July 2024?▼

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.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 20 Oct 2026 ·