Law and You >Procedural Laws > BNSS > Concept Applications 6.3: Short Notes on Summons and Warrants (5/6 Marks)

a) Summons:

Process is defined as any means which is used by court to compel appearance of a defendant before it. The different modes to compel appearance of a person in Court are by issuing:

• Summons
• Warrant of Arrest
• Proclamation and Attachment

Summons is a legal document issued from the office of the court of Justice calling upon the person to whom it is directed to attend before a Judge or officer of court at a specified time for a certain purpose.

 Need of Issuing Summons:

• To inform a person, when a legal action is taken against him i.e. to inform accused.
• To inform a person that he is required to appear in the court as a witness in a proceeding at specified time.
• To inform person for producing a document or thing.

Essentials of Summons:

The essentials of summons, issued by the court under Section 63 of The Bharatiya Nagarik Suraksha Sanhita, 2023, are:

• It must be in writing;
• It must be in duplicate form;
• It must be signed and sealed by the presiding officer of the court or such other officer authorized by the High Court;
• It must mention the time and place where attendance of person summoned required; and
• it must bear the seal of the court.
• If the summon is in an encrypted or any other form of electronic communication then it shall bear the image of the seal of the Court or digital signature.

Service of Summons:

Summons can be served by following methods:

1. By personal service under Section 64 of BNSS
2. By service on corporate bodies and societies under Section 65 of BNSS
3. By extended service when a person summoned cannot be found under Section 66 of BNSS
4. Procedure when Service Cannot be Effected as Before Provided under S. 67 of BNSS
5. By Service on Government servant under Section 68 of BNSS
6. By Service of summons outside local limits under Section 69 of BNSS

Summons under BNSS are issued by a court to compel the attendance of a person as a witness or accused in a criminal case. It serves the purpose of ensuring that individuals involved in legal proceedings appear before the court to facilitate fair and just adjudication.

b) Service of Summons:

Summons is a legal document issued from the office of the court of Justice calling upon the person to whom it is directed to attend before a Judge or officer of court at a specified time for a certain purpose. Provisions regarding service of summons are as follows:

• Under Section 64 BNSS, Every summons shall be served by a police officer, or by an officer of the Court issuing it, or other public servant. The summoned person must sign a receipt therefor on the back of the duplicate.
• Under Section 65 BNSS, a service of a summons on a company or corporation may be effected by serving it on the Director, Manager, Secretary or other officer of the company or corporation, or by letter sent by registered post. The service shall be deemed to have been effected when the letter would arrive in ordinary course of post.
• Under 66 BNSS, if irrespective of proper and sincere efforts, the serving officer failed to deliver the summons to the person summoned personally then under Section 66 of BNSS, it can be delivered to some other adult member of the family residing with the person summoned.
• Under 67 BNSS, if the serving officer is unable to serve under Section 64 and 66, the serving officer shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead where the person summoned resides ordinarily.
• Under 68 BNSS, when a Government Servant is to be summoned and is in active service of the Government, then the summons in duplicate shall ordinarily be sent to the Head of the office in which such person is employed. Now, the head of the office is bound to serve it to such person as specified under 64 of the Sanhita.
• Under 69 BNSS, when a Court wants to summon someone beyond its local jurisdiction then the Court should send such summons in duplicate a Magistrate under whose jurisdiction the person resides. The Magistrate under whose jurisdiction the person resides issue it to concerned police officer to serve it.
• Under Section 70 BNSS, in a case if the summons serving officer is far away from the court issuing summons, he can make an affidavit saying that he has served the summons in the manner provided by section 64 or section 66 of the Sanhita. 
• Under Section 71 BNSS, the Summons to witness can be served by post.

Summons under BNSS are issued by a court to compel the attendance of a person as a witness or accused in a criminal case.

c) Issuance of Warrant for Appearance:

A warrant is a written instrument issued by the Judge or Magistrate on behalf of the state which authorizes the arrest and detention of an individual or the search and seizure of an individual’s property.

• As per the section 72 of BNSS, a warrant must be in writing; it must be signed by a presiding officer of Court issuing it; and it must bear the seal of the Court. Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.
• Under Section 73 of BNSS, any court issuing a warrant for the arrest of any person may in its discretion direct by an endorsement on the warrant that such arrested person can be released on a bail with or without sureity.
• According to Section 74 of BNSS, a warrant may be directed to the police officer or any person. If it is directed to more officers or persons than one, then warrant may be executed by all, or by any one or more of them.
• Under Section 75 BNSS, the Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest.
• Section 76 permits the police officer to whom the warrant is addressed to endorse (authorise in writing) another police officer to execute the warrant.
• Under Section 77 BNSS, the arresting ppolice officer or person have to notify the substance of the warrant to the person being arrested; and to show the warrant if the person asks to see it.
• Under Section 78 BNSS, the person making the arrest must bring the arrested person before the proper Court without unnecessary delay.
• According to Section 79 of the Bharatiya Nagarik Suraksha Sanhita, 2023 a warrant of arrest may be executed at any place in India.
• Under Section 90 BNSS, the court to issue a warrant for the arrest of an individual if they believe the individual has absconded or will not obey a summons, or if they fail to appear after being properly served with a summons. 

Warrants of arrest under the Bharatiya Nagarik suraksha sanhita, 2023 (BNSS) are crucial instruments in the Indian legal system, designed to ensure the appearance of individuals in court and uphold the administration of justice.

d) Proclamation:

A proclamation under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is a legal process used by a court to compel the appearance of a person who is deliberately avoiding arrest or has absconded. The provisions relating to proclamation are mainly contained in Section 84 of the BNSS.

• Under Section 84, when a Court has reason to believe that a person against whom a warrant has been issued has absconded or is concealing himself so that the warrant cannot be executed, the Court may publish a written proclamation requiring that person to appear at a specified place and time. The date fixed for appearance must be not less than thirty days from the date of publication of the proclamation.
• The proclamation must be properly published. It is publicly read in a conspicuous place in the town or village where the person ordinarily resides. It is also affixed to a conspicuous part of the person’s house or homestead, or another conspicuous place in the town or village. A copy is also affixed to a conspicuous part of the courthouse. The Court may additionally direct publication of the proclamation in a daily newspaper circulating in the area where the person ordinarily resides.
• Where the proclaimed person is accused of an offence punishable with imprisonment of ten years or more, imprisonment for life, or death, and fails to appear in accordance with the proclamation, the Court may, make a declaration that the person is a proclaimed offender.

According to Section 209 of the Bharatiya Nyaya Sanhita, 2023 whoever fails to appear at the specified place and the specified time as required by a proclamation shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both, or with community service, and where a declaration has been made as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.

Thus, proclamation serves to formally require an absconding person to appear before the Court.

e) Attachment of Property:

Attachment of property is a legal process by which a Court takes control of, or restricts the transfer or disposal of, property belonging to a person who is absconding or avoiding execution of a warrant. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the provisions relating to attachment are mainly contained in Sections 84–89.

• Before ordering attachment, the Court must ensure that the process of proclamation under Section 84 has been duly completed.
• After issuing the proclamation, the Court may, under Section 85, order the attachment of any property, movable or immovable, belonging to the proclaimed person. In the case of movable property, attachment may be effected by seizure, appointment of a receiver, or an order prohibiting delivery of the property to the proclaimed person or anyone acting on their behalf. In respect of debts or other movable property, attachment may be made through an appropriate written order. In the case of immovable property, attachment may be effected by taking possession, appointing a receiver. The Court must follow the procedure prescribed by law.
• Under Section 86, on a written request from a police officer not below the rank of Superintendent of Police or Commissioner of Police, the Court may initiate proceedings to seek assistance from a Court or authority in a contracting State for the identification, attachment and forfeiture of property belonging to a proclaimed person.
• Under Section 87, a person other than the proclaimed person having a legitimate interest in the attached property may raise a claim or objection before the competent Court. The Court may investigate the claim and pass an appropriate order. A person whose claim or objection is disallowed may, subject to the statutory requirements, establish their right through a suit within one year from the date of such order.
• Under Section 88, the Court may also order release or restoration of attached property in accordance with the BNSS. Thus, attachment is an important coercive measure intended to secure the appearance of an absconding person while protecting the legitimate rights and interests of other persons in the attached property.

The process provide an important mechanism for ensuring that an accused person does not evade the process of law by remaining absconding.

Related Topics:

• Summons and Its Service (S. 63 to 71)
• Warrant of Arrest (Ss. 72 to 79)
• Execution of Warrant Outside Jurisdiction (Ss. 80 to 83)
• Proclamation and attachment (Ss. 84-89)
• Other rules regarding processes (Ss. 90-93)

For More Articles on BNSS Click Here

For More Articles on Different Acts, Click Here