Section 90 of BNSS : Court Powers to Arrest When Summons Are Ignored

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Introduction to Section 90 of BNSS

Section 90 of BNSS ensures that if a person avoids or disrespects a court summons, the court has the power to issue a warrant instead. This section is crucial in maintaining the authority of the judicial system by making sure that summons are not ignored, and legal procedures are followed effectively.

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What is BNSS Section 90 ?

BNSS Section 90 allows a court to issue a warrant of arrest either instead of a summons or in addition to it, if the court believes the person may abscond or fail to appear even after receiving the summons. The court must record its reasons in writing before issuing the warrant.

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BNSS Section of 90 in Simple Points

1. Power of Court to Issue Warrant Instead of Summons

BNSS Section 90 allows the court to skip the usual step of sending a summons if it believes that the person is likely to avoid appearing in court. For example, if someone has a history of skipping legal proceedings or is suspected to be fleeing, the court can directly issue a warrant for their arrest. This ensures that such individuals are brought to justice without delay.

2. Issuing a Warrant After Summons is Ignored

If a person fails to appear in court after receiving a summons, and it is proven that the summons was properly delivered on time, the court can issue a warrant for arrest. This applies when the individual gives no valid reason for missing the court date. This provision ensures that people cannot escape their legal responsibilities by ignoring court orders.

3. Recording of Reasons is Mandatory

The law requires that reasons must be written down by the court before issuing a warrant under this section. This step is crucial to maintain transparency and fairness in the legal process. It prevents the misuse of power and ensures that warrants are issued only when absolutely necessary, based on facts or risk factors such as absconding.

4. Applies in Both Civil and Criminal Proceedings

Section 90 is flexible and can be used in any case where the court is legally allowed to issue a summons. Whether it’s a criminal charge or a civil dispute, if the court feels the person’s presence is important and they may not come willingly, a warrant can be issued to enforce attendance. This helps courts manage cases more effectively.

5. Prevents Absconding and Delays in Justice

This section mainly aims to prevent delays in justice caused by people who try to run away or ignore the court’s authority. By giving the court the power to act quickly and issue a warrant, it strengthens the legal system and ensures that cases move forward without unnecessary obstacles. It keeps the justice process efficient, fair, and in control.

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Section 90 of BNSS Overview

BNSS Section 90 empowers a court to issue an arrest warrant either instead of or in addition to a summons if there is reason to believe the person may abscond, disobey the summons, or fail to appear in court without a valid excuse. The court must record clear reasons in writing for issuing such a warrant. This section is important to ensure that legal procedures are not delayed and people cannot avoid justice by simply ignoring a summons.

10 Key Points of BNSS Section 90

1. Purpose of the Section

The main goal of Section 2190 is to ensure the presence of a person in court when there’s a chance they might not respond to a summons. It gives the court legal authority to issue a warrant of arrest to prevent any person from evading judicial process. This helps avoid unnecessary delays in legal proceedings.

2. When a Warrant Can Replace a Summons

If the court believes that a person might abscond before appearing in court, it can skip the summons stage and directly issue a warrant. This applies when there’s reasonable belief, based on past behavior, evidence, or police inputs, that the individual is planning to flee or avoid justice.

3. Warrant After Ignoring a Summons

If someone is served a summons and still fails to appear in court, the court can issue a warrant as a follow-up action. The summons must have been delivered properly and in time, and there should be no reasonable excuse offered by the person for not attending. This step helps uphold court authority.

4. Written Reasons are Mandatory

Before issuing a warrant, the court is required to record its reasons in writing. This brings accountability and ensures that the process is not misused. It allows for future review and helps the individual understand why such action was taken against them.

5. Applies to All Types of Cases

This section can be applied in any case—criminal or otherwise—where the court has the authority to issue a summons. Whether the matter is minor or serious, if a person is avoiding the court process, this section becomes applicable to enforce attendance.

6. Acts as a Preventive Measure

Issuing a warrant instead of a summons acts as a preventive legal tool. It helps the court take early action when there’s a clear risk that the person may not cooperate. By doing this, the court ensures that the case proceeds without delay.

7. Power Lies Entirely With the Court

Only the court has the power to decide whether a warrant should be issued in place of or in addition to a summons. It is not an automatic process—judicial discretion plays a key role. The court examines the facts and decides whether the situation warrants a stronger legal step.

8. Helps Maintain Judicial Discipline

This provision ensures that individuals do not take court summons lightly. The possibility of a warrant being issued serves as a deterrent, making people more likely to appear voluntarily when summoned. It helps maintain respect for judicial orders.

9. Supports Police in Enforcement

When a warrant is issued, police authorities are empowered to arrest the individual and bring them before the court. This supports law enforcement in ensuring court orders are executed effectively, especially when voluntary compliance is not expected.

10. Builds Efficiency in Legal Process

By allowing the court to bypass delays caused by non-cooperative individuals, Section 90 plays a big role in speeding up the legal process. It saves time, resources, and prevents abuse of the system by people who might otherwise avoid appearing in court.

Examples of BNSS Section 90

Example 1:

The court sends a summons to Rajesh to appear for a theft case hearing. Before the date, the judge learns that Rajesh is planning to leave the country. The judge then issues an arrest warrant under BNSS 2190 to prevent him from escaping justice.

Example 2:

Sneha receives a court summons for a civil dispute. She does not appear, and it’s proven that the summons was delivered on time. Since she offers no valid excuse, the judge issues a warrant under BNSS 2190 for her arrest.

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Section 90 of BNSS Short Information

Key Point	Explanation
1. Power to Issue Warrant	The court has the power to issue a warrant in place of a summons or in addition to it, based on the behavior of the person concerned.
2. Conditions for Warrant Before Summons	If the court believes the person is likely to abscond or ignore the court’s order, it can directly issue a warrant instead of a summons.
3. Conditions for Warrant After Summons	Even after issuing a summons, the court can issue a warrant if the person fails to appear without a valid reason.
4. Recording of Reasons Mandatory	The court must give written reasons for issuing a warrant. This ensures transparency and prevents misuse of power.
5. Purpose of the Section	This section aims to ensure the presence of individuals in court and protect the justice process from delay or manipulation.

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BNSS Section 90 FAQs

BNSS 90

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