Summons and Warrants Under BNSS: A Plain Guide

It begins with a knock at the gate, or a strange envelope from a court you have never visited, or an email with a PDF that talks about your name in the third person. The first feeling is shock. The second is panic — should you call your brother, your office, your wife? Should you go and hide for a few days while you figure this out? People who have never seen the inside of a court suddenly find a court letter in their own house, and the mind goes blank. The new criminal procedure code — the Bharatiya Nagarik Suraksha Sanhita, 2023, in force since 1 July 2024 — has changed how these letters reach you. The basic ideas are the same as the old CrPC, but the rules now openly recognise email and other electronic delivery. This guide walks through what a summons is, what a warrant is, what the new BNSS adds, and what you should actually do the day one of them arrives.

What Exactly Is a Summons?

A summons is the mildest of all court processes. It is a written direction from a court asking a named person to appear before it on a particular date for a particular purpose — usually as an accused, a witness, or to produce a document. It is not, by itself, a finding that you have done anything wrong. A summons is simply a call.

The legal basis is Section 63 BNSS (the new version of the old Section 61 of the CrPC). It says every summons must be in writing, in duplicate, signed by the presiding officer of the court (or another officer the High Court has authorised by rule), and must bear the seal of the court. The new clause added by BNSS allows the summons to also be in encrypted electronic form, bearing the image of the seal of the court or a digital signature.

What must a summons say? Reading old commentary on the same provision, the summons must clearly state the name of the person summoned, the place where they must appear, the date and time, and — importantly — in the case of an accused, the offence alleged. If a summons does not mention the offence, an accused has historically been allowed to disobey it. Gajraj v. Emp., AIR 1936 All 761 is one of the older authorities for that point. Courts have also held that a summons without the seal of the court, or one that names no place or date, is bad. A defective summons does not by itself spoil a trial unless it has caused real injustice — see Rishbud v. State of Delhi, AIR 1955 SC 196.

Punishment for ignoring a properly served summons can come from two sides. The court itself may impose a small fine in summary proceedings under Section 350 BNSS. Separately, intentional disobedience to a court summons is a crime under Section 209 of the Bharatiya Nyaya Sanhita (the old Section 174 IPC). For most people, the more serious risk is what happens next — the court can escalate from summons to warrant.

How Is a Summons Served Under BNSS?

Section 64 BNSS (old Section 62 CrPC) governs how a summons is served. The basic rule has not changed. Service is by a police officer, an officer of the issuing court, or a public servant of the kind authorised by State rules. The summons must, where practicable, be served personally by handing or tendering one of the duplicate copies to the person named. The receiver may be asked to sign a receipt on the back of the other duplicate.

If the named person cannot be found despite due diligence, the rules allow some alternatives in a fixed order:

• Service on an adult male family member living with the person summoned — Section 65 BNSS (old Section 64 CrPC). A servant or a wife or a mother, as the older case law put it, will not be enough.
• Affixing the summons on a conspicuous part of the residence if the previous methods fail — Section 66 BNSS (old Section 65 CrPC). This is the last resort, and the court must apply its mind before declaring it duly served.
• For Government servants, service is forwarded through the head of office — Section 67 BNSS.
• For corporations, including registered societies, service is on the secretary, local manager, principal officer, director or manager — Section 65 BNSS. Service by registered post on the chief officer in India is also permitted, deemed effected when the letter would arrive in ordinary course of post.
• For witnesses, in addition to the normal mode, a copy may be sent by registered post simultaneously — Section 71 BNSS (old Section 69 CrPC).

An older but still useful warning: refusing to take the summons is not an escape route. Mere tendering by the serving officer counts as service. So does refusing to sign the receipt. Courts treat both as proof that the summons reached you.

The New Rule: Summons by Email and Mobile

This is the most visible change in BNSS. Summons can now travel through your inbox. Section 63 BNSS allows the summons itself to be issued in encrypted or other electronic form, bearing the seal image or digital signature. Section 64 BNSS adds new provisos to recognise service through electronic communication. Section 70 BNSS, on proof of service, has a new sub-section (3) which says that a summons served through electronic communication shall be treated as duly served, and a copy must be attested and kept by the court as proof of service.

For witnesses, Section 71 BNSS now expressly permits service by electronic communication. And for criminal complaints proceeding before a magistrate, Section 227 BNSS allows summons or warrant to be issued through electronic means. Even Section 94 BNSS, on summons to produce a document, now extends to summons to produce a communication device that may contain digital evidence.

What does this mean for ordinary readers? Three practical points. First, a court email is now legally as good as a paper summons, provided it carries the seal image or digital signature and the case is recorded on the court file. Second, this also creates the perfect ground for fraud — phishing emails dressed up as fake court notices, demanding fines or threatening arrest. The way to spot a fake is below. Third, even if the summons is electronic, the law expects the court to keep an attested copy on its record. So a person who claims to have not received an email summons is not without remedy — the court file must show that proof.

Summons or Warrant — What Is the Difference?

This is the question most people get wrong. A summons is a polite call; a warrant is an order to the police to bring you in. The classic explanation, quoted in older commentaries, is the one by Woodroffe: a summons is a call served upon a person to attend; a warrant is not a call upon any person but an order to the police to arrest a person.

Under the old scheme, whether a summons or a warrant was to be issued at the first instance depended on the offence schedule. Under the present law, the rules are general. In a summons-case (less serious), a summons should ordinarily issue first. In a warrant-case, a warrant ordinarily issues, but the magistrate retains the power to start with a summons if it is likely to bring you in. The crucial provision for escalation is Section 90 BNSS (the old Section 87 CrPC). The court may, in any case in which it is empowered to issue a summons, issue a warrant for arrest in lieu of, or in addition to, the summons in two situations — (a) if the court has reason to believe the person has absconded or will not obey the summons, or (b) if the person fails to appear after the summons was duly served and offers no reasonable excuse.

The form and life of a warrant are governed by Section 72 BNSS (old Section 70 CrPC). It must be in writing, signed by the presiding officer of the court and bear the seal. It remains in force until cancelled or executed. Section 74 BNSS deals with whom warrants may be directed — usually a police officer; in special circumstances, others. If you ever lay your eyes on a warrant for yourself, look for these formal features. A warrant that does not name you, or carries no seal, is not lawful, and execution on it is illegal.

Bailable Warrant Versus Non-Bailable Warrant

The single most important distinction within warrants — and the one that decides whether you spend a night in custody — is between a bailable warrant and a non-bailable warrant.

A bailable warrant is a warrant of arrest on which the court has endorsed a direction that, if the arrested person executes a bond with sufficient sureties for his attendance before the court, he is to be released. The endorsement is provided for in Section 73 BNSS (old Section 71 CrPC). Practically, this means the police can take the person to the police station, get the bond and sureties, and release him there itself. The warrant remains alive — its purpose is to make sure he appears in court on the next date.

A non-bailable warrant is a plain warrant of arrest with no such endorsement. The police must arrest and physically produce the person before the court that issued it, and bail can be granted only by the court thereafter. The Supreme Court in Inder Mohan Goswami v State of Uttaranchal, AIR 2008 SC 251 said in clear terms that a non-bailable warrant must not be issued mechanically. The court must apply its mind to whether summons or a bailable warrant would do, whether the FIR itself was filed with an oblique motive, and whether the personal liberty of the accused justifies such a drastic step. The same principle continues into BNSS.

If you want a deeper dive into bail strategy and how to navigate a bail application, that is a related cluster on this blog. For our purpose here, two things matter. One, a non-bailable warrant can be recalled or cancelled by the same court that issued it — by way of a recall application, surrender, and bail application together. Two, where the offence is non-bailable and the warrant has been issued, anticipatory bail under Section 482 BNSS (old Section 438 CrPC) remains an option, especially where the issuance was mechanical or the person was not at fault.

If You Hide: Proclamation and Attachment of Property

Avoiding the court does not make the case go away. It makes it worse. If a warrant cannot be executed because the person has absconded or is concealing himself, the court can take two further steps under BNSS.

The first is a proclamation under Section 84 BNSS (old Section 82 CrPC). The court publishes a written proclamation requiring the person to appear at a specified place and time, not less than thirty days from the date of publication. The proclamation is read in some conspicuous place of the village or town where the person ordinarily resides, affixed to a conspicuous part of his house, and affixed in some conspicuous part of the courthouse. The court may also direct publication in a daily newspaper.

The second is attachment under Section 85 BNSS (old Section 83 CrPC). At any time after issuing the proclamation, the court may order attachment of any property — movable, immovable, or both — belonging to the proclaimed person. If he appears within the proclamation period, the property is released. If he does not, the property goes to the disposal of the State Government and may, after six months and after disposal of any third-party claim, be sold.

The case law adds important safeguards. The conditions for proclamation are mandatory, not directory. The court must have reason to believe that the person has absconded — not a mechanical inference from a single non-execution of warrant. The minimum thirty-day period from publication is non-negotiable. And not every person who is briefly unavailable can be branded an absconder.

The takeaway is plain. Once a proclamation is published, the situation has slid from a routine summons issue to a proclaimed offender situation. Reversing it requires far more — usually surrender, recall application, bail application, sometimes High Court intervention. The earlier you address the summons or warrant, the simpler the path.

How Do I Know My Summons Is Real?

With electronic summons now valid, fake court emails will follow as surely as the rain. Here is a practical checklist to verify whether a summons in your hand — paper or digital — is genuine before you panic.

1. The seal and signature. A paper summons must bear the seal of the court and a signature of the presiding officer or authorised officer. An electronic summons must show the seal image or a digital signature of the court.
2. The case number and the parties. A real summons names the case (CC/SC number), the complainant and the accused, the offence alleged, and the date, time and place of appearance.
3. The e-Courts portal check. The case number can be searched on the e-Courts portal or on the relevant district court or High Court website. If a CC number from your summons cannot be located, that is a red flag.
4. The mode of receipt. Genuine summons travel through a police officer, a court officer, registered post, or an authorised court email. They do not arrive by anonymous WhatsApp message or as a downloadable PDF from an unknown link.
5. The "fine" demand. Real Indian courts almost never demand a fine via online transfer in the body of a summons. If the email demands payment to a UPI ID or a private account to "settle" the matter, it is a scam.
6. The language. Indian court summons are formal. Spelling errors, urgent language, threats of immediate arrest in the body of the email — all are markers of a fraudulent message.

If you suspect a fake, do not click any links and do not transfer money. Save the email and any related communication, and consult a lawyer to confirm. If it is real, do not destroy it either — the court file will already record the fact of service.

What Should I Actually Do Now?

If a summons or warrant has reached you — paper, post or digital — work through this in the same order:

1. Read it carefully. Note the case number, the court, the date of appearance, and the offence (if any) named. Keep the original safe; do not throw it away.
2. Verify it. Cross-check on the e-Courts portal. Confirm seal, signature and offence. If anything looks off, treat it as suspicious until verified.
3. Speak to a criminal lawyer the same day. Especially if it mentions a non-bailable offence, or if it is a warrant. Time runs against you from day one.
4. If it is a summons: plan attendance on the date, or instruct your lawyer to file an application for exemption from personal appearance under Section 273 BNSS (old Section 205 CrPC). Petty cases may permit appearance through a pleader under Section 228 BNSS.
5. If it is a bailable warrant: attend court, file a recall application explaining the missed earlier date, and execute the bond with sureties. Most courts withdraw bailable warrants on first appearance with a reasonable explanation.
6. If it is a non-bailable warrant: consider surrender with a recall and bail application before the issuing court, or anticipatory bail under Section 482 BNSS in the Sessions Court or High Court. The right route depends on the gravity of the offence and the court's history.
7. Do not run. Going underground triggers proclamation under Section 84 BNSS and attachment under Section 85 BNSS — far harder to undo.
8. Keep digital evidence. If the summons came by email or messaging, preserve the original message, the headers, and the attachments. They form part of the proof of service.
9. Inform sureties early. If a bailable warrant or anticipatory bail will need sureties, identify them and gather their KYC documents in advance.
10. Note follow-up dates. Whatever route you take, the case will continue. Calendar every next date. Missing one is what produces the next warrant.

If at any stage you feel out of your depth — and most people who have not been to court before do — speaking to a criminal lawyer in good time is the single most useful thing you can do. The team at Pinaka Legal handles BNSS summons and warrant matters in Delhi-NCR — verifying the genuineness of process, recall and quashing applications, anticipatory bail and surrender strategy. The first conversation is meant to clear your head, not to pitch you anything.

A Quieter Resolution Is Almost Always Possible

The first letter from a court reads like the end of the world. It is not. Most BNSS summonses end with an attendance, a bond, and a date. Most warrants end with a recall application and a bond. The cases that turn ugly are the ones where the person ignored the early process and let it ripen into proclamation and attachment. The new electronic service rules make ignoring even harder, because proof of service now sits on the court's server. The good news is that the same digital architecture also makes verification easier — you can check your case from your phone in five minutes.

Take it one step at a time. Verify, attend, apply for the right relief, keep records. The law you are facing was designed to bring you into a courtroom for a hearing, not to punish you before that hearing happens. Once you are inside the system instead of running from it, the system becomes a lot less frightening.

Frequently Asked Questions

What is a summons under BNSS?

A summons is the mildest court process. It is a written direction from a court asking a person to appear before it on a specified date for a specified purpose. Under Section 63 BNSS (which is the new version of old Section 61 CrPC), every summons must be in writing, in duplicate, signed by the presiding officer and bear the seal of the court. Under BNSS, a summons may now also be issued in encrypted electronic form bearing the digital signature of the court, in addition to the traditional paper form.

Can a court summons come by email or WhatsApp under the new law?

Yes. Section 63 BNSS allows a summons to be issued in encrypted or other electronic form with the image of the seal or a digital signature of the court. Section 64 BNSS adds provisos for service through electronic communication, and Section 70(3) BNSS treats such service as duly effected if a copy is attested and kept on record. So an email or messaging-based summons from an authorised court email ID is now legally valid, provided the court keeps a record of it.

How do I verify whether a summons I received is genuine?

Check four things. One, does it bear the seal of the court (or a digital signature for electronic summons)? Two, is it signed by the presiding officer or an authorised officer? Three, does it name the case number, the parties, the offence and the place and date of appearance? Four, can the case number be traced on the e-Courts portal or the local district court website? If the summons is missing the seal, the date or the offence, or the case does not show up on the e-Courts portal, treat it as suspicious and consult a lawyer before responding.

What is the difference between a bailable and non-bailable warrant?

A bailable warrant is a warrant of arrest on which the court has endorsed a direction that the arrested person be released on executing a bond with sureties. The police can release the person at the police station itself. A non-bailable warrant is a plain arrest warrant without such endorsement. The police must arrest and produce the person before the court, and bail can be granted only by the court. The Supreme Court in Inder Mohan Goswami v State of Uttaranchal cautioned that non-bailable warrants must not be issued mechanically.

What happens if I ignore a court summons?

Ignoring a summons is risky. Under BNSS Section 90 (old Section 87 CrPC), the court can issue a warrant in lieu of, or in addition to, a summons if it has reason to believe you have absconded or will not obey the summons, or if you fail to appear without reasonable excuse. Wilful disobedience to a summons is also punishable under Section 209 of the Bharatiya Nyaya Sanhita (corresponding to old Section 174 IPC). The safer course is to attend, take a date, or apply for exemption.

Can I send my lawyer instead of going to court myself?

In summons cases (less serious offences), the court can permit appearance through a pleader. Section 228 BNSS allows the magistrate, in petty cases, to direct that personal attendance is not required and a pleader may appear. In more serious cases, your lawyer can apply for exemption from personal appearance under Section 273 BNSS for specified dates. But the first appearance, framing of charge, and recording of statement under Section 351 BNSS usually require you to be present.

What is a proclamation and attachment under Sections 84 and 85 BNSS?

Where a warrant cannot be executed because the person has absconded or is hiding, the court can publish a written proclamation under Section 84 BNSS requiring him to appear at a specified place and time, not less than thirty days away. If he still does not appear, Section 85 BNSS allows the court to attach his movable or immovable property. If he surrenders within the proclamation period, the property is released. If he does not, the property eventually goes to the State Government and may be sold. For more, see our Arrest Crisis resources.

Can a non-bailable warrant be cancelled or recalled?

Yes. The same court that issued the warrant can recall it. The usual route is to surrender before that court with a recall application and a bail application, accompanied by sureties. If surrender is risky, the High Court can be approached for quashing or for anticipatory bail under Section 482 BNSS. Courts have set aside non-bailable warrants where the issuance was mechanical or the accused was elderly or unwell. The single worst response is to keep avoiding the court, because that triggers proclamation and attachment.

Does the new BNSS change anything about how summons reach corporates?

Yes, slightly. Section 65 BNSS (old Section 63 CrPC) on service on companies and societies has been widened. Apart from the secretary, local manager or principal officer, a director or manager has now been added. A new sub-section also allows service on any partner of a firm or member of an association of individuals. Service can still be by registered post to the chief officer in India, and is deemed effected when the letter would arrive in the ordinary course of post.

What should I do the moment I receive a summons or warrant?

Read it carefully. Note the case number, court, date and offence. Verify the case on the e-Courts portal. Do not destroy the summons or pretend you did not receive it — the proof of service can be electronic now. Speak to a criminal lawyer the same day. If it is a summons, plan attendance or exemption. If it is a warrant, plan a recall application or surrender, and consider anticipatory bail. Speed protects you; silence almost always makes it worse.

For more articles on Indian law, visit the Pinaka Legal Blog.

Written by the Pinaka Legal Editorial Team. For queries, call +91 8595704798 or email info@pinakalegal.com.