1. Summons under BNSS
A summons is a legal order issued by a court directing a person to appear before it.
Key Features
Used in less serious (summons) cases
Requires appearance only, not arrest
Must be:
- In writing
- Signed by the presiding officer
- Sealed by the court
Modes of Service
Personal delivery to the person
Service through police officer or court officer
If not possible:
- On adult family member
- Affixture on house (substituted service)
Essentials
Must mention:
- Name of accused/person
- Offence (briefly)
- Date, time, place of appearance
Non-Compliance
- Failure to appear → court may issue warrant
2. Warrant under BNSS
A warrant is a written authority issued by a court to arrest a person.
Key Features
Used in serious offences (warrant cases)
Authorizes police to arrest
Must be:
- In writing
- Signed and sealed by court
- Clearly specify the person to be arrested
Types of Warrants
(A) Bailable Warrant
Court allows release on bail
Contains:
- Bail amount
- Sureties (if required)
(B) Non-Bailable Warrant (NBW)
- Issued for serious offences or repeated non-appearance
- No immediate right to bail
- Used as a last resort
3. Summons vs Warrant (Important Difference)
| Basis | Summons | Warrant |
|---|---|---|
| Nature | Notice to appear | आदेश to arrest |
| Severity | Less serious cases | Serious cases |
| Personal liberty | Not affected | Affects liberty |
| Compliance | Voluntary appearance | Compulsory (arrest) |
| Escalation | → Warrant if ignored | Direct coercive action |
4. When Courts Prefer Each
Summons Preferred When:
- Offence is minor
- Accused likely to cooperate
- Identity and address known
Warrant Preferred When:
- Serious offence
- Accused absconding
- Repeated non-compliance
- Risk of tampering with evidence
