Warrant and Summons under CrPC and BNSS: Meaning, Differences, and Important Case Laws.

When we talk about criminal procedures in India, two important terms often come up — warrant and summons. These are not just fancy legal words; they play a very important role in how courts call people or make sure someone appears before them.
Let’s understand them in a simple way, especially under the old law (CrPC, 1973) and the new law (BNSS, 2023), and also check out some important case laws.

What is a Summons?

A summons is basically a polite order from the court.
It is a document that asks a person to come to the court either to answer a charge or to act as a witness.

• Section 61 of CrPC talks about summons.
• Under the new law BNSS, 2023 (Section 64), summons are still the same — a formal request to appear.

Key Points:

• It is a simple, written order.
• It is usually sent by post or delivered personally.
• It is used when the offence is not very serious (for example, a traffic violation or small fraud case).
• If a person ignores the summons, stronger action (like a warrant) can be taken.

What is a Warrant?

A warrant is a more serious court order.
It gives the police the authority to arrest someone and bring them before the court.

• Section 70 of CrPC talks about arrest warrants.
• Under BNSS, 2023 (Section 72), the rules about warrants are continued with small updates.

Key Points:

• It is used when the court believes the person may not appear just by a summons.
• It is issued for more serious offences (like murder, robbery, or rape).
• There are two types:
  • Bailable Warrant (person can get bail easily)
  • Non-Bailable Warrant (harder to get bail)

Major Differences Between Summons and Warrant

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Related Important Case Laws

1. Abdul Rehman Antulay vs. R.S. Nayak (1992)

   • The Supreme Court said that a fair procedure must be followed before issuing a summons or a warrant.
   • Justice should not only be done but seen to be done.

2. State of U.P. vs. Poosu (1976)

   • The court held that issuing a warrant directly, without first trying summons in simple cases, is wrong.
   • Summons should be the first step unless there is strong reason to believe the person will not come.

3. Prem Shankar Shukla vs. Delhi Administration (1980)

   • The court highlighted that while executing warrants, police must respect human dignity and rights.
   • Arresting someone must not involve unnecessary cruelty.

4. Inder Mohan Goswami vs. State of Uttaranchal (2007)

   • Supreme Court said: "Courts must not issue non-bailable warrants lightly; it should be the last resort."

Conclusion

In simple words, summons is like a formal invitation from the court, while a warrant is a serious command involving police action.
Both play important roles in the legal process.
The new law (BNSS, 2023) has mostly kept the spirit of CrPC, with slight modern touches for faster justice.

Remember, the courts always prefer starting with a summons first because the idea is to respect a person’s liberty unless they force the court to take stronger action!