Section 90 BNSS 2023: Issue of Warrant in Lieu of or in Addition to Summons
Section 90 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the power of a Court to issue a warrant of arrest in a case where the Court is otherwise empowered to issue a summons for the appearance of a person.
Text of Section 90 BNSS
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.
Meaning and Scope of Section 90
Section 90 permits a Court to move from a summons process to a warrant process where the statutory conditions are satisfied. The power is not expressed as automatic. The Court must first record its reasons in writing.
The section operates in two broad situations. First, the Court may act where it has reason to believe that the person has absconded or will not obey the summons. Second, the Court may issue a warrant after non-appearance where the summons was duly served in sufficient time and the person offers no reasonable excuse for the failure to appear.
Conditions for Issue of Warrant under Section 90
- The Court must be legally empowered under the BNSS to issue a summons for the person's appearance.
- The Court must record reasons in writing before issuing the warrant.
- A warrant may be issued if the Court has reason to believe the person has absconded or will not obey the summons.
- A warrant may also be issued after failure to appear when the summons was duly served in sufficient time.
- For a warrant based on non-appearance after service, no reasonable excuse should have been offered for the failure to appear.
When Can a Warrant Be Issued Before the Appearance Date?
Clause (a) expressly permits the Court to issue a warrant even 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 reasons supporting that conclusion must be recorded in writing.
Warrant After Failure to Appear
Under clause (b), mere absence is not the only requirement. The summons must be proved to have been duly served in enough time to allow the person to appear, and no reasonable excuse must have been offered for the failure.
Section 90 BNSS and Section 87 CrPC
Section 90 BNSS substantially corresponds to Section 87 of the Code of Criminal Procedure, 1973, which also dealt with issue of a warrant in lieu of, or in addition to, summons. For proceedings governed by the BNSS, Section 90 is the present provision to consult.
Related BNSS Provisions
Frequently Asked Questions
Is a warrant automatic if a person does not appear after summons?
No. Section 90 requires the statutory conditions to be satisfied. Where the warrant is based on non-appearance, due service in sufficient time and absence of a reasonable excuse are relevant requirements, and the Court must record reasons in writing.
Can the Court issue a warrant before the summons date?
Yes. Clause (a) permits this where the Court sees reason to believe that the person has absconded or will not obey the summons, subject to recording reasons in writing.
Does Section 90 apply only after a summons has already been issued?
No. Clause (a) expressly covers both a stage before issue of the summons and a stage after issue of the summons but before the time fixed for appearance.
Last reviewed: September 10, 2026.