The summons arrives on a quiet weekday. A constable is at the gate, or there is a registered post slip, or a courier hands over a stapled set of papers with the court's stamp on top. The reasons can be old and odd — a cheque you wrote three years ago, a small accident, a complaint by a former neighbour, your name appearing as a director in a shell company you forgot you ever signed for. The natural reaction, especially if you believe you have done nothing wrong, is to set the paper aside and hope it goes away. It almost never does. Inside a courtroom, ignored paper grows teeth.
This article explains, in plain language, what a criminal court summons is, what happens at each step if you do not appear, and how to use the law's own escape valves — exemption from personal appearance and timely recall of warrants — before things get out of hand.
What a Court Summons Actually Is
A summons is, simply, a written call to attend court. The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with it in Sections 63 to 71, which broadly correspond to old Sections 61 to 69 of the CrPC, 1973. Section 63 BNSS (old Section 61 CrPC) requires every summons to be in writing, in duplicate, signed by the presiding officer and bearing the seal of the court. BNSS adds the option of issuing a summons in encrypted or other electronic form, with the image of the court's seal or digital signature.
The summons must clearly state what you are required to do. As Form No. 1 of the Second Schedule provides, where it is issued to an accused, it must shortly state the offence — without that, the accused may not even know what to defend. Gajraj v. Emperor, AIR 1936 All 761 long ago held that a summons that does not mention the offence is invalid. It must also mention the place, date and time when attendance is required; otherwise it may be treated as defective.
You can also be summoned as a witness, or to produce a document, or to show cause against some proceeding. The legal requirements remain the same — writing, signature, seal, clarity. A summons that fails any of these can be challenged.
How a Summons Reaches You
Section 64 BNSS (old Section 62) tells the police or the court officer how to serve a summons. The first preference is personal service — handing one duplicate over to you, and getting your signature on the other. BNSS now also recognises service by electronic communication. If you cannot be found at home after reasonable diligence, the summons can be served on an adult male family member who lives with you, or, finally, by affixing a copy at the outer door of the house in the presence of two witnesses. Service "personally" on the accused has been emphasised in the new BNSS to prevent shortcuts.
One important point — service of a summons on your lawyer is not service on you. Satya Securities v. Uma Erry, 2002 CrLJ 3714 held that when the accused fails to appear after the summons is given to his counsel, the court cannot issue a warrant of arrest, since such service is illegal. So if all you have heard from your lawyer is that "summons has come", insist on seeing the actual paper. The mode of service can, in some cases, become your strongest answer to a later non-bailable warrant.
The First Miss — Bailable Warrant
If you do not appear on the date fixed, the court will, in almost every careful courtroom, first issue a bailable warrant. Section 87 BNSS (old Section 87) gives the court the power, after summons fails or where there is reason to believe the person will not obey it, to issue a warrant for arrest either in lieu of, or in addition to, the summons. Section 73 BNSS (old Section 71) allows the court to make that warrant "bailable" — meaning that on arrest, if you execute a bond with sufficient sureties for your attendance, the police officer is to take such security and release you.
A bailable warrant is the gentler form. The discretion to make a warrant bailable extends to all cases, even non-bailable offences (where the offence is technical or minor, for example) and even cases under Section 87, as held in Chotey Lal v. Emperor, AIR 1948 All 72. In other words, the court is signalling: we want you in court, we are not yet treating you as someone fleeing justice.
This is the moment to act fast. File a recall of warrant application, attend the next date, apologise on record, attach proof of why you missed the earlier date. Most courts withdraw bailable warrants on the first appearance if the explanation is reasonable.
The Second Miss — Non-Bailable Warrant
If you ignore the bailable warrant too, or if the court, looking at the file, concludes that you are deliberately avoiding appearance, a non-bailable warrant (NBW) follows. An NBW directs the police to arrest you and produce you before the court. Bail can then come only from the court, not the police station.
The Supreme Court has been firm that an NBW is a serious step and must not be issued mechanically. Inder Mohan Goswami v. State of Uttaranchal, AIR 2008 SC 251 held that warrants — bailable or non-bailable — should never be issued without proper scrutiny of facts and complete application of mind. The court must carefully examine whether the complaint or FIR was filed with an oblique motive. Raghuvansh Singh v. State of Maharashtra, 2008 CrLJ 2127 went further: when an accused merely fails to appear once, an NBW should not be issued without ascertaining the cause — traffic in metropolitan cities, sudden illness, a delayed train.
If an NBW has been issued against you, the safer step is almost always to surrender before the same court (with a bail application or a fresh recall application ready), rather than to be picked up at home or at the airport. A surrender shows good faith and gives your lawyer the time to argue at length.
The Worst Case — Proclamation and Attachment
If even after a non-bailable warrant the police cannot find you, the case slides into the most serious zone. Section 84 BNSS (old Section 82 CrPC) allows the court to issue a written proclamation requiring the absconder to appear at a specified place within a specified time, not less than thirty days. If that fails, Section 85 BNSS (old Section 83) allows the court to attach his property — movable and immovable. The attached property may eventually be sold to satisfy the proceedings. Once attached, getting the property released is a long and uncertain process.
BNSS Section 84(4) has been updated to mention punishments tied to the corresponding BNS sections. The basic structure, however, is unchanged from the old CrPC Sections 82 and 83. Proclaimed offender status also weighs against you in every future bail application — courts treat it as evidence that you fled the process of law.
This is the last off-ramp. If you are anywhere near a proclamation stage, do not delay; surrender, recall the warrant, or take immediate protective bail steps.
Exemption from Personal Appearance
Now the friendlier side of the law. The Code recognises that not every accused can — or needs to — be physically present at every date. Section 228 BNSS (old Section 205 CrPC) allows a magistrate, where personal attendance is not strictly necessary, to dispense with such attendance and permit the accused to appear by his advocate. It is a discretion the court exercises with reference to "exceptional and special circumstances and the inconvenience which the accused is likely to suffer on account of distance or for any such good ground", as observed in Prakash v. State, 2007 CrLJ 3556.
Some practical points decided by courts:
- Exemption is not limited to the elderly or to "pardanashin ladies" — it can be sought by anyone with proper grounds, as held in Manish Gai v. State, 2007 CrLJ 1358.
- An exemption application can be filed even after a warrant has been issued, if the court is satisfied about the prayer.
- In Section 138 NI Act (cheque dishonour) cases, courts often dispense with personal appearance, especially where settlement is being negotiated, as in J.T. Thanawala v. State, AIR 2007 (DOC) 275 (Del).
- The Supreme Court in Gajanand Goyal v. Asiya Begum, (2005) 12 SCC 331 approved the practical approach of granting exemption in cheque cases where forcing personal appearance would serve no purpose.
- Once exemption under Section 228 BNSS is granted, the pleader can plead and answer on behalf of the accused, including taking the plea of guilty or not guilty, as held in Jhunjhunwalla v. Poddar, (1988) CrLJ 51.
There is also Section 317 (continued in BNSS) for date-specific exemption — when on a particular hearing your physical presence is not essential, your lawyer can seek leave for you to be absent that one day. The two provisions complement each other.
How to Apply for Exemption
The application is short, but it must be careful. It should:
- Be filed before the trial court that issued the summons, through your advocate.
- Set out the case number, the offence and the dates already missed (if any), with a brief explanation.
- State the grounds — distance from court, age, illness, business commitments, the nature of the offence (technical or document-based offences are easier to argue), the fact that an advocate has been engaged.
- Annex documents — medical certificates, age proof, travel records, address proof, vakalatnama in favour of the lawyer.
- Pray for dispensation under Section 228 BNSS, leave for the advocate to represent you, and (if needed) recall of any earlier warrant.
Even where a non-bailable warrant has been issued, an old or sick accused has had the warrant set aside on the strength of a careful application — see H.C. Jain v. R.K. Synthetics and Fibres Pvt. Ltd., 1999 CrLJ 2922. The principle is humane and practical — the law is not meant to harass; it is meant to bring the trial to its conclusion.
What Should I Actually Do Now?
- Read the summons carefully. Note the case number, court, date and time, the section quoted, and the exact name and address mentioned.
- Verify it is genuine. Match it against the court's case status portal or call the local bar; fake summons exist.
- Engage a criminal lawyer immediately. One consultation can decide the entire strategy.
- If you cannot attend, file an exemption application before the date. Do not wait for the warrant.
- If you have already missed a date, file a recall and exemption application together. Apologise on record. Attach reason.
- Do not skip a date hoping to "settle" later. Settlements should be filed on record, in court, on a working day, with both sides present.
- If a bailable warrant is out, surrender before the same court with bond and surety ready.
- If a non-bailable warrant is out, do not run. Plan an immediate surrender with bail application — a peaceful surrender is the lightest version of an unpleasant moment.
- Keep your address updated in court records. Many warrants are issued because the summons could not be served, not because the accused refused.
- Do not leave the country while a warrant is pending — air-port watch lists are real, and an arrest at immigration is the worst start to any holiday.
Why You Should Never Just Ignore It
The pattern is so consistent that any criminal lawyer in Delhi will tell you the same story. A small case becomes a medium case because of one missed date. A medium case becomes a serious case because of a non-bailable warrant. A serious case becomes a nightmare because of an attachment under Section 85 BNSS. Every step is hard to reverse, and each step adds a fresh adverse note to your file that will be quoted at every future bail application, every future plea bargain, every future negotiation.
The safer path is also the cheaper one. Treat the summons the moment it arrives. Read it. Show it to a lawyer. If you can attend, attend. If you cannot, apply for exemption. At Pinaka Legal we routinely handle exactly this situation for clients across Delhi-NCR — the summons that arrived three months ago, the date that was missed, the warrant that just got issued. Almost all of them can be brought back on track if action is taken in days, not months.
Frequently Asked Questions
What is a criminal court summons?
A criminal court summons is a written, signed and sealed order from a court asking a person to attend court on a particular date for a stated purpose. It is governed by Sections 63 to 71 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (old Sections 61 to 69 CrPC). The summons must mention the offence (where issued to an accused), the place, the date and the time of attendance, and bear the seal of the court.
What happens if I ignore a criminal court summons?
The court will usually issue a bailable warrant first. If you still do not appear, a non-bailable warrant follows. If even after the warrant you are not found, the court can issue a proclamation under Section 84 BNSS (old Section 82 CrPC) requiring you to appear within a specified time, and then order attachment of your property under Section 85 BNSS (old Section 83). Each step is harder to undo than the last.
What is the difference between a bailable and a non-bailable warrant?
A bailable warrant lets the police release you on a personal bond and surety, with a direction to attend court on a fixed date. A non-bailable warrant directs the police to arrest you and produce you before the court — only the court can release you on bail thereafter. Courts have repeatedly cautioned that non-bailable warrants should not be issued mechanically and only after applying mind to all facts, as held in Inder Mohan Goswami v. State of Uttaranchal, AIR 2008 SC 251.
Can a court issue a non-bailable warrant directly?
Technically yes, but the Supreme Court has discouraged this. In Raghuvansh Singh v. State of Maharashtra, 2008 CrLJ 2127 it was held that when an accused merely fails to appear once, a non-bailable warrant should not be issued without ascertaining the cause — there could be traffic, illness, or other genuine reasons. Mechanical issuance of NBWs is not a judicious exercise of power.
What is exemption from personal appearance under Section 228 BNSS?
Where personal attendance is not strictly necessary, the magistrate may, under Section 228 BNSS (old Section 205 CrPC), dispense with the personal appearance of the accused and permit him to be represented by his advocate. The court is to consider exceptional or special circumstances and the inconvenience that insistence on personal appearance would cause, especially distance and ill-health, as observed in Prakash v. State, 2007 CrLJ 3556.
How do I apply for exemption from personal appearance?
Through your lawyer, file a written application before the trial court setting out the grounds — distance, age, illness, business commitments, the nature of the offence — and pray for exemption under Section 228 BNSS. Attach supporting documents such as medical certificates, travel records or age proof. Seek leave for the advocate to represent you and to plead and answer on your behalf. Courts have allowed exemption even after a warrant was earlier issued, if grounds are made out.
Can I get exemption only on a particular date?
Yes. Section 317 CrPC (now retained in BNSS) allows the court, on a particular date when your personal presence is not essential, to permit you to remain absent on that date alone, with leave. This is different from Section 228 BNSS exemption, which is a wider, general dispensation. Both can be combined — apply for general exemption under Section 228, and on dates where evidence is being recorded, attend or apply under Section 317 separately.
What is a proclamation and attachment of property?
If a person against whom a warrant has been issued cannot be found, the court can issue a written proclamation under Section 84 BNSS (old Section 82 CrPC) requiring him to appear within a specified time at a specified place. If he still does not appear, the court can attach his property under Section 85 BNSS (old Section 83). Once attached, the property may eventually be sold to satisfy the court. Proclaimed offender status also affects future bail applications.
Is non-appearance a separate offence?
It can attract a fine. Disobedience to a summons, without "just excuse", is punishable with a fine on a summary trial. The fine itself is small, but the bigger problem is that non-appearance is the trigger for warrants and proclamation, which carry far heavier consequences.
Can I get a warrant cancelled if I missed only one date?
Yes, if you act quickly. File a recall or cancellation application before the same court, explain the reason for absence (medical, travel disruption, late receipt of summons), attach proof, and apologise. Courts have set aside non-bailable warrants where the accused was old and unwell, as in H.C. Jain v. R.K. Synthetics, 1999 CrLJ 2922. The earlier you move, the easier it is.
Should I just surrender if a warrant has been issued?
In many cases, yes. Surrender before the same court (with a bail application or a recall of warrant application ready) shows good faith, defuses the urgency of arrest, and gives your lawyer the chance to argue at length. Going underground is the worst option — it converts a small procedural problem into a proclamation, attachment, and a much harder bail.
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.