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.
Bharatiya Nagarik Suraksha Sanhita
Section 90
Issue of warrant in lieu of, or in addition to, summons
Englishहिंदी
⚡ Quick Answer Reference: Section 90 BNSS
- Provision: Section 90 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL APPEARANCE
- Jurisdiction: India
- Summary: A court can issue a warrant for someone's arrest if they think the person will not obey a summons or has already absconded.
Statutory Content
What does Section 90 of BNSS say?
Indian StandardSection 90, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 90 (India)
Court Pleading StandardSection 90 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/90
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 90 of BNSS mean?
Plain English Explanation
A court can issue a warrant for someone's arrest if they think the person will not obey a summons or has already absconded.
Practical Interpretation
This section allows courts to take proactive measures to ensure the appearance of individuals in legal proceedings, especially when there's a risk of them evading the law.
Core Legal Purpose
The core purpose is to provide courts with the authority to issue warrants in situations where a summons may not be effective, ensuring the integrity of the legal process.
Key Legal Elements
- •The court must have reason to believe the person has absconded or will not obey the summons.
- •The summons must have been duly served in time for the person to appear.
- •The key legal test is whether the person has a reasonable excuse for failing to appear.
- •A key exception is if the person can provide a reasonable excuse for their failure to appear.
Practical Example
Practical Example of Section 90 BNSS
Rajesh is summoned to court for a hearing, but the court believes he might abscond. Before the hearing, the court issues a warrant for his arrest under Section 90, as they have reason to believe he will not obey the summons. This ensures Rajesh's appearance in court, facilitating the legal process.
Common Questions (FAQ)
Frequently Asked Questions about Section 90 BNSS
Q: What is the punishment or consequence under Section 90 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to any person who is empowered by the Sanhita to be summoned by a court.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences, it is about the issuance of warrants in lieu of, or in addition to, summons.
People Also Ask (PAA)
Common Questions about Section 90 BNSS
What is Section 90 of BNSS?
Section 90 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Issue of warrant in lieu of, or in addition to, summons". In plain terms: A court can issue a warrant for someone's arrest if they think the person will not obey a summons or has already absconded.
What is the punishment under Section 90 of BNSS?
Section 90 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 90 of BNSS bailable or non-bailable?
Whether Section 90 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 90 of BNSS?
The essential elements of Section 90 of BNSS are: The court must have reason to believe the person has absconded or will not obey the summons.; The summons must have been duly served in time for the person to appear.; The key legal test is whether the person has a reasonable excuse for failing to appear..
Landmark Case Laws
Landmark Judgments under Section 90 BNSS
Patnahcucisdb94 High Court (10 8)
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