Empowers courts to issue arrest warrants instead of or along with summons when necessary.
Ensures attendance of accused through stronger coercive process where summons may be insufficient.
Introduction
Section 90 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) authorizes a criminal court to issue a warrant of arrest either in place of a summons or in addition to a summons when circumstances justify such action. The provision enables courts to secure the presence of an accused person through a stronger coercive mechanism where voluntary appearance cannot be ensured through summons alone.
It reflects judicial discretion in choosing appropriate procedural tools for securing attendance before court.
Objective of the Provision
The objectives of Section 90 BNSS are
- to ensure effective presence of accused persons before court
- to prevent evasion of judicial process
- to empower courts with flexibility in issuing coercive process
- to strengthen enforcement of criminal proceedings where summons is ineffective
The provision enables courts to adopt proportionate procedural measures depending on case circumstances.
Meaning / Concept
Warrant in Lieu of Summons
A court may issue a warrant instead of a summons where it believes that the accused is unlikely to appear voluntarily if summoned.
This prevents unnecessary delay in securing attendance.
Warrant in Addition to Summons
A warrant may also be issued after issuing a summons, particularly where
- the accused fails to appear, or
- the court anticipates deliberate avoidance of appearance
Thus, the provision allows escalation from a less coercive to a more coercive procedural step.
Detailed Explanation of the Section
Section 90 BNSS provides that
- a court may issue a warrant of arrest in lieu of a summons where it considers it appropriate
- a court may also issue a warrant in addition to a summons already issued
- such decision must be based on judicial satisfaction regarding necessity of securing presence
The court may exercise this power particularly where
- the accused is likely to abscond
- the accused has previously avoided court appearance
- the offence is serious in nature
- immediate custody is necessary to ensure presence
Key features include
- discretionary authority of the court
- availability of warrant as substitute for summons
- availability of warrant as supplementary coercive process
- requirement of judicial satisfaction before issuance
These safeguards ensure responsible exercise of coercive powers.
Procedure or Legal Framework
The procedural framework under Section 90 BNSS generally includes
- issuance of summons to accused in ordinary course
- assessment by court regarding likelihood of appearance
- issuance of warrant instead of summons where necessary
- issuance of warrant after failure to comply with summons
- execution of warrant by authorized officer
The court must record reasons where departure from summons procedure is justified.
Judicial Interpretation
Courts have consistently emphasized that arrest warrants should not be issued mechanically and must be supported by judicial reasoning.
In Inder Mohan Goswami v. State of Uttaranchal (2007) 12 SCC 1, the Supreme Court held that courts must exercise caution while issuing warrants and should prefer summons unless circumstances justify coercive process.
In Raghuvansh Dewanchand Bhasin v. State of Maharashtra (2012) 9 SCC 791, the Court reiterated that issuance of non-bailable warrants requires proper application of judicial mind.
In Vikas v. State of Rajasthan (2014) 3 SCC 321, the Supreme Court observed that coercive steps such as warrants should be issued only after considering necessity and proportionality.
These decisions underline that warrants should be used as an exceptional measure rather than routine procedure.
Importance of the Provision
Section 90 BNSS is important because
- it enables courts to secure attendance of accused effectively
- it prevents obstruction of proceedings through non-appearance
- it provides flexibility in selecting appropriate procedural process
- it ensures proportional escalation from summons to warrant
The provision supports efficient administration of criminal justice.
Connection with Other Sections
Section 90 BNSS operates alongside related provisions governing summons and warrants
- Section 63 BNSS – Form of summons
- Section 72 BNSS – Form of warrant of arrest and duration
- Section 73 BNSS – Power to direct security to be taken
- Section 74 BNSS – Warrants to whom directed
Corresponding Provision under Old Law
Section 90 BNSS corresponds to Section 87 of the Code of Criminal Procedure, 1973.
Illustrative Example
A Magistrate issues summons to an accused person in a criminal case. The accused deliberately avoids appearing before the court despite service of summons. The court, after recording reasons, issues a warrant of arrest in addition to the summons to secure the accused’s presence. This action is valid under Section 90 BNSS.
Conclusion
Section 90 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers courts to issue warrants either in substitution for or in addition to summons when necessary to secure attendance of accused persons. By allowing escalation of coercive process based on judicial satisfaction, the provision ensures effective and flexible enforcement of criminal procedure.
