Section 90 BNSS: Issue of warrant in lieu of, or in addition to, summons (Formerly Section 87 CrPC)

Section 90 of Bharatiya Nagarik Suraksha Sanhita, 2023: Issue of warrant in lieu of, or in addition to, summons

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Arrest Sec 35

Legal Commentary & Landmark Judgments: Section 90

Section 90 empowers a criminal court to issue a warrant of arrest in lieu of, or in addition to, a summons in cases where the court has reason to believe that the accused has absconded or will not obey the summons.

Exceptional Magisterial Power: Departing from the ordinary rule of issuing summons in summons cases.
Mandatory Recording of Reasons: Court must record its reasons in writing before issuing a warrant in lieu of summons.
Grounds of Satisfaction: Reason to believe that the person has absconded, or will not obey the summons, or has failed without excuse to attend after service.

Key Landmark Precedents:

Inder Mohan Goswami v. State of Uttaranchal (2007) 12 SCC 1: The Supreme Court held that Section 87 CrPC (Section 90 BNSS) does not confer unbridled power; the court must record reasons showing that the accused has absconded or will defy summons. Mechanical issuance of NBWs violates Article 21.
Raghuvansh Dewanchand Bhasin v. State of Maharashtra (2012) 9 SCC 791: Reaffirmed that warrants in lieu of summons require careful balancing of personal liberty and judicial presence, mandating written justification.

Courtroom Practice & Strategic Litigation Guidance:

Challenge any NBW issued on the very first date of taking cognizance where the order sheet fails to record reasons in writing. Under *Inder Mohan Goswami*, an NBW issued without recording reasons is void and liable to be quashed under Section 528 BNSS.