Section 72 – Power to Issue Warrant in Lieu of, or in Addition to, Summons – BNSS 2023

Allows court to issue warrant instead of summons where appearance is doubtful.

Introduction

Section 72 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers a court to issue a warrant of arrest either in place of a summons or in addition to it in appropriate circumstances. While summons is the ordinary method for securing appearance, this provision allows stronger coercive measures where necessary.

The section ensures that courts retain effective authority to secure attendance of the accused while maintaining procedural safeguards consistent with Article 21 of the Constitution of India.

Objective of the Provision

The objectives of Section 72 BNSS are

• To ensure presence of the accused before the court
• To prevent evasion of judicial process
• To empower courts with coercive authority where required
• To maintain efficiency in criminal proceedings

The provision strengthens judicial control over attendance of persons involved in criminal cases.

Meaning / Concept

Warrant in Lieu of Summons

This refers to issuance of a warrant instead of a summons, particularly when the court believes that the person may not comply with a summons.

Warrant in Addition to Summons

This refers to issuance of a warrant after summons has already been issued, especially where the person fails to appear or circumstances justify stricter action.

The concept ensures flexibility in securing attendance before the court.

Detailed Explanation of the Section

Section 72 BNSS provides that

• A court may issue a warrant of arrest instead of summons if circumstances justify such action
• A court may also issue a warrant in addition to summons after issuing summons earlier
• This power is exercised when the court believes the person
  • Will not obey the summons, or
  • Has failed to appear despite service of summons

Key features include

• Discretionary power of the court
• Used to prevent delay in proceedings
• Ensures compliance with judicial directions

The provision balances procedural fairness with the need for effective enforcement.

Procedure or Legal Framework

The procedure under Section 72 BNSS involves

• Consideration by the court regarding necessity of warrant
• Assessment of likelihood of non-appearance
• Issuance of warrant instead of summons, or after summons
• Execution of warrant by authorized officers
• Production of accused before the court

The court must exercise this power judicially and not mechanically.

Judicial Interpretation

Courts have clarified the circumstances in which warrants may replace summons

In Inder Mohan Goswami v. State of Uttaranchal (2007) 12 SCC 1, the Supreme Court held that courts must exercise caution before issuing non-bailable warrants, and summons should ordinarily be preferred first

In Raghuvansh Dewanchand Bhasin v. State of Maharashtra (2012) 9 SCC 791, the Court emphasized that warrants should not be issued routinely without proper justification

In Vikas v. State of Rajasthan (2014) 3 SCC 321, the Court reiterated that coercive processes must follow principles of necessity and proportionality

These rulings guide courts in exercising discretion under this provision.

Importance of the Provision

Section 72 BNSS is important because

• It ensures attendance of accused persons
• It prevents abuse of summons procedure
• It strengthens authority of criminal courts
• It promotes timely progress of trials

It provides courts with flexibility in enforcing appearance.

Connection with Other Sections

This provision is connected with

• Section 63 BNSS – Summons how issued
• Section 65 BNSS – Summons by whom served
• Section 73 BNSS – Warrant of arrest
• Section 74 BNSS – Form and duration of warrant

Corresponding Provision under Old Law

Section 72 BNSS corresponds to Section 87 of the Code of Criminal Procedure, 1973 (CrPC).

Illustrative Example

A court issues summons to an accused person, but the accused deliberately avoids appearing despite proper service. The court then issues a warrant of arrest in addition to the summons under Section 72 BNSS to secure the accused’s presence.

Conclusion

Section 72 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers courts to issue warrants where summons alone may not ensure compliance. By allowing issuance of warrants either in substitution or in addition to summons, the provision strengthens judicial authority while ensuring that coercive measures are applied only when necessary.