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CrPC · Chapter VI · Processes to compel appearance

CrPC section 87 in the BNSS

CrPC 87BNSS 90

CrPC section 87, “Issue of warrant in lieu of, or in addition to, summons”, is now BNSS section 90 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

What changed

From CrPC 87 to BNSS 90

The words are the same as in the CrPC, apart from “Sanhita” for the Act’s own name and the new numbers of the sections it refers to.

The official text

Old and new, side by side

Code of Criminal Procedure, 1973

Section 87 Issue of warrant in lieu of, or in addition to, summons

A Court may, in any case in which it is empowered by this Code to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest—

(a) if, either before the issue of such summons, or after the issue of the same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons; or

(b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 90 Issue of warrant in lieu of, or in addition to, summons

A Court may, in any case in which it is empowered by this Sanhita to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest—

(a) if, either before the issue of such summons, or after the issue of the same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons; or

(b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.

Sources

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