Process to Compel Appearance — Summons and Warrant (ss.63–83 BNSS) — BNSS (Criminal Law II) Notes

Process to Compel Appearance — Summons and Warrant (ss.63–83 BNSS)

A court cannot try a person who is not before it. So it has two instruments to fetch him: a polite one — the summons (a written invitation) — and a coercive one — the warrant (an order to arrest). Knowing when each is used, how it is served, and what makes it valid is worth a whole essay.

A. Summons (ss.63–71 [ss.61–69 CrPC])

Form (s.63). A summons is in writing, in duplicate, signed and sealed by the presiding officer; the BNSS allows it to be issued in electronic form and served by audio-video means.
Service (ss.64–71). Served personally on the person, by delivering a duplicate; if he cannot be found, on an adult male family member; if that fails, by affixing it to his house. Service on a company is at its registered office; the BNSS treats electronic service as duly served.

B. Warrant of arrest (ss.72–83 [ss.70–81 CrPC])

Form (s.72 [s.70 CrPC]). A warrant is in writing, signed and sealed, and must name or describe the person to be arrested so he can be identified. It remains in force until executed or cancelled.
To whom directed (ss.73–75 [ss.72–74 CrPC]). Ordinarily to one or more police officers; but a court may direct it to any person (e.g. a particular named officer) for execution.
Bailable warrant (s.72(3)). The court may endorse a direction to release the person on bail.
Execution outside jurisdiction and outside India (ss.77–81). A warrant may be executed anywhere in India; but it cannot be executed in a foreign country — a person who flees abroad is reached only through extradition, not a BNSS warrant.

⚠️ DON’T CONFUSE — summons-case v. warrant-case

A warrant-case is an offence punishable with death, life imprisonment, or more than two years (s.2(1)(z)); every other case is a summons-case (s.2(1)(x)). This is about the class of case (which decides the trial procedure). A warrant of arrest and a summons, by contrast, are the two processes to secure appearance — a court may issue a summons even in a warrant-case. Do not equate “warrant-case” with “arrest by warrant”.

🧩 WORKED EXAMPLE — the unnamed proprietor

Facts. A Magistrate issues a warrant to arrest “the proprietor of a firm” without naming the individual.

Rule. Section 72 requires a warrant to name or otherwise describe the person so that he can be identified.

Apply. “The proprietor of a firm” does not identify a specific human being; the warrant is defective and cannot be lawfully executed. The decoy is that the firm is identified — but a firm is not the person to be arrested.

Conclusion. The warrant is bad; it must name or adequately describe the individual.

Section 72(1) BNSS: “Every warrant of arrest issued by a Court under this Sanhita shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court… [and] shall remain in force until it is cancelled by the Court which issued it, or until it is executed.”

In Simple Terms: A warrant must be a signed, sealed, written order identifying the person; it stays alive until executed or cancelled.

flowchart TD
    ROOT["Compel appearance"]:::root
    ROOT --> S["Summons ss.63-71<br/>written, duplicate, e-service"]:::leaf
    ROOT --> W["Warrant ss.72-83<br/>signed, sealed, names person"]:::leaf
    W --> W1["Directed to police or any person s.73-75"]:::leaf
    W --> W2["Bailable warrant s.72(3)"]:::leaf
    W --> W3["Executable anywhere in India;<br/>NOT abroad (extradition)"]:::sidebox
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    classDef sidebox fill:#FDE7C9,stroke:#B45309,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

State of U.P. v. Poosu (1976) — the choice between summons and warrant is a judicial discretion guided by the need to secure attendance.
Raghuvansh Dewanchand Bhasin v. State of Maharashtra (2011) — guidelines against misuse of arrest warrants; a warrant once satisfied must be recalled.

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