Explanation: Specifies the required format for any summons issued by a court under this Sanhita.
Requirements:
(i) Physical Form: Must be in writing, prepared in duplicate (two copies), signed by the presiding officer of the court (Judge/Magistrate) or another officer authorized by the High Court rules, and bear the official seal of the court.
(ii) Electronic Form: Can be in an encrypted or other electronic communication format, bearing an image of the court’s seal or a digital signature.
Example: A court needs to summon a witness. It can issue a traditional paper summons, printed in duplicate, signed by the Magistrate and stamped with the court seal. Alternatively, the court could issue a digitally signed summons document sent via a secure electronic method specified by rules.
Section 64: Summons how served
Sub-section (1): Who Serves the Summons
Explanation: Summons are generally served (delivered) by a police officer. However, following rules made by the State Government, it can also be served by an officer of the court that issued it or by another designated public servant.
Proviso: Police stations or court registrars must maintain a register containing address, email, phone number, and other details (as prescribed by State Government rules) of persons involved, likely to facilitate service.
Example: A summons might be delivered by a local police constable, a court bailiff, or another official tasked with this duty according to state rules. The court keeps records of contact details to aid this process.
Sub-section (2): Method of Service (Personal)
Explanation: Whenever practical, the summons should be served personally on the individual it is addressed to. This is done by delivering or tendering (offering) one of the duplicate copies to that person.
Proviso: Summons bearing the court seal’s image can also be served electronically (e.g., email, secure message) in the form and manner prescribed by State Government rules.
Example: The police officer finds the person named in the summons at their home and hands them one copy of the document. Alternatively, if rules permit, the court might send a digitally signed PDF of the summons to the person’s verified email address.
Sub-section (3): Acknowledgement Receipt
Explanation: The person served personally must sign a receipt on the back of the other duplicate copy of the summons, if the serving officer asks them to. This serves as proof of service.
Example: After handing over one copy of the summons, the officer presents the second copy and asks the recipient to sign and date the back to acknowledge they received it.
Section 65: Service of summons on corporate bodies, firms, and societies
Sub-section (1): Service on Companies/Corporations
Explanation: To serve a summons on a company or corporation, it can be effected by:
Serving it personally on a Director, Manager, Secretary, or other principal officer.
Sending it by registered post addressed to one of these officers at the corporation’s address in India. Service is considered complete when the letter would normally arrive.
Explanation Clause: Defines “company” (body corporate) and “corporation” (registered under Companies Act or Societies Registration Act).
Example: A court summons XYZ Pvt. Ltd. It can be served by handing the summons to the company’s Managing Director at their office, or by sending it via registered post to the Company Secretary at the registered office address.
Sub-section (2): Service on Firms/Associations
Explanation: To serve a summons on a partnership firm or other association of individuals, it can be effected by:
Serving it personally on any partner.
Sending it by registered post addressed to any partner. Service is considered complete when the letter would normally arrive.
Example: A summons for “ABC & Partners” can be served by giving it to any of the partners, Mr. A, Mr. B, or Mr. C, or by sending it via registered post addressed to any of them at the firm’s address.
Section 66: Service when persons summoned cannot be found
Explanation: If the person named in the summons cannot be found despite reasonable efforts (‘due diligence’), the summons can be served by leaving one of the duplicate copies for them with an adult member of their family who resides with them.
Acknowledgement: The family member receiving the summons must sign a receipt on the back of the other duplicate if required by the serving officer.
Explanation Clause: Clarifies that a servant is not considered a member of the family for this purpose.
Example: A police officer tries multiple times to serve a summons on Mr. Sharma but cannot find him. The officer finds Mr. Sharma’s adult son at their residence. The officer can leave one copy of the summons with the son and ask him to sign the back of the second copy. Leaving it with a domestic helper would not be valid service under this section.
Section 67: Procedure when service cannot be effected as before provided
Explanation: If service cannot be completed through personal delivery (Sec 64), service on corporates/firms (Sec 65), or leaving with an adult family member (Sec 66), despite due diligence, the serving officer must take the final step: affix (stick) one of the duplicate copies of the summons to a conspicuous (easily visible) part of the house or homestead where the person ordinarily resides.
Court’s Role: After this is done, the court will make inquiries as it deems fit and can then either:
Declare that the summons has been duly served (‘substituted service’).
Order a fresh attempt at service in a different manner if considered proper.
Example: An officer cannot find Mr. Kumar, nor any adult family member at his known residence after repeated attempts. The officer sticks one copy of the summons securely onto the front door of Mr. Kumar’s house. The officer reports this to the court. The court might review the officer’s report and, satisfied that all reasonable steps were taken, declare the summons served.
Section 68: Service on Government servant
Sub-section (1): Procedure
Explanation: When the person to be summoned is actively employed by the Government, the court issuing the summons should normally send it in duplicate to the head of the office where the person works. The head of the office is then responsible for getting the summons served on the employee according to the personal service rules (Sec 64) and returning the second copy to the court with the required endorsement (acknowledgement signature).
Example: A court needs to summon Ms. Gupta, who works at the local Tehsil office. The court sends the summons (in duplicate) to the Tehsildar (head of the office). The Tehsildar’s office ensures the summons is delivered personally to Ms. Gupta, gets her signature on the back of one copy, and the Tehsildar signs and returns that endorsed copy to the court.
Sub-section (2): Proof of Service
Explanation: The signature of the head of the office on the returned duplicate is considered evidence that the summons was duly served.
Example: When the court receives the duplicate summons back with the Tehsildar’s signature and Ms. Gupta’s acknowledgement, it is accepted as proof that Ms. Gupta was served.
Section 69: Service of summons outside local limits
Explanation: If a court needs to serve a summons on someone residing outside its own local jurisdiction, it should normally send the summons (in duplicate) to a Magistrate within whose local jurisdiction the person resides or currently is. That Magistrate will then arrange for the service within their area.
Example: A court in Mumbai needs to summon a witness who lives in Pune. The Mumbai court sends the summons (in duplicate) to a Magistrate in Pune. The Pune Magistrate’s court then arranges for a local police officer or court officer to serve the summons on the witness in Pune.
Section 70: Proof of service in such cases and when serving officer not present
Sub-section (1): Affidavit as Proof
Explanation: When a summons is served outside the issuing court’s jurisdiction, OR in any case where the serving officer is not present at the court hearing, proof of service can be provided through:
An affidavit (a sworn statement) made before a Magistrate by the serving officer confirming that service was done.
The duplicate copy of the summons, purportedly endorsed (signed) by the person served or the family member it was left with (as per Sec 64 or 66).
Admissibility: This affidavit and endorsed duplicate are admissible in evidence, and the statements in them are presumed correct unless proven otherwise.
Example: The Pune officer serves the summons (from the Mumbai court) on the witness. The officer then goes before a Pune Magistrate and swears an affidavit detailing how and when service was done. This affidavit, along with the duplicate summons signed by the witness, is sent back to the Mumbai court and serves as proof of service, even if the Pune officer doesn’t travel to Mumbai for the hearing.
Sub-section (2): Attaching Affidavit
Explanation: The affidavit mentioned above can be attached to the duplicate copy of the summons when it’s returned to the issuing court.
Example: The Pune officer staples their sworn affidavit to the back of the acknowledged duplicate summons before sending it back to Mumbai.
Sub-section (3): Proof of Electronic Service
Explanation: Any summons served electronically (as allowed under Sec 64 to 71) is considered duly served. A copy of the electronically served summons must be attested (certified) and kept as proof of service. The method of attestation and record-keeping would likely be defined by court rules or practice directions.
Example: If a summons is served via email as per rules, a printout of the sent email with delivery confirmation, or a digitally certified record from the court’s e-service system, would be kept and attested as proof of service.
Section 71: Service of summons on witness
Sub-section (1): Additional Methods for Witnesses
Explanation: Even with the other methods available (personal service, etc.), when a court issues a summons specifically for a witness, it can simultaneously use additional methods. The court can direct a copy of the summons to be served via:
Electronic communication (email, secure message, etc., as per rules).
Registered post addressed to the witness’s ordinary residence, place of business, or place of work.
This is done in addition to the primary methods, not necessarily instead of them, to increase the likelihood of the witness receiving the notice.
Example: The court issues a summons for Ms. Priya to appear as a witness. Along with sending a copy for personal service via the police, the court also directs a copy to be sent to Ms. Priya’s registered email address and another copy via registered post to her home address.
Sub-section (2): Deemed Service
Explanation: The court can consider the summons to have been duly served if:
An acknowledgement receipt, supposedly signed by the witness, is received back (e.g., the tear-off slip from registered post).
A postal employee makes an endorsement (note) that the witness refused to accept delivery of the registered post summons.
There is proof of delivery via electronic communication (as per Sec 70(3)) that satisfies the court.
Example: The registered post sent to Ms. Priya comes back with an endorsement “Refused Delivery”. Or, the court’s electronic service system shows a “Delivered” and “Read” receipt for the email summons sent to her verified address. Based on this, the court may declare that the summons has been duly served, even if personal service wasn’t successful.
B. Warrant of arrest
Section 72: Form of warrant of arrest and duration
Sub-section (1): Form
Explanation: Every arrest warrant issued by a court under the BNSS must be:
In writing.
Signed by the presiding officer (Judge/Magistrate) of that court.
Bear the official seal of the court.
Example: An arrest warrant must be a physical document (or a secure digital equivalent following rules), clearly showing the issuing court’s seal and the judge’s signature, not just an oral instruction.
Sub-section (2): Duration
Explanation: An arrest warrant remains valid and in force until one of two things happens:
It is cancelled by the court that issued it.
It is executed (i.e., the person named in the warrant is arrested).
It doesn’t expire automatically after a set period unless cancelled.
Example: A court issues an arrest warrant for Mr. X in 2024. If Mr. X evades arrest and is found by police in 2026, the same 2024 warrant can still be used to arrest him, provided the court hasn’t cancelled it in the meantime.
Section 73: Power to direct security to be taken
Sub-section (1): Endorsement for Bail
Explanation: When issuing an arrest warrant, the court has the discretion (choice) to include an endorsement (a note written on the warrant) specifying that the arrested person can be released from custody by the arresting officer if they meet certain conditions. These conditions involve executing a bail bond with sufficient sureties, guaranteeing their appearance before the court at a specified time and continued attendance until directed otherwise.
Example: A court issues a warrant for Ms. Devi for a bailable offence. The judge adds an endorsement: “Release on bail upon executing a personal bond of Rs. 10,000 with one surety of the like amount, to appear on [Date] at 11 AM.” When the police officer arrests Ms. Devi, if she can arrange the bond and surety on the spot, the officer can release her directly without taking her to the Magistrate first.
Sub-section (2): Contents of Endorsement
Explanation: If the court adds a bail endorsement, it must specify:
(a) The number of sureties required.
(b) The monetary amount for which the arrested person and the surety(ies) will be respectively bound.
(c) The time/date the person must attend court.
Example: The endorsement clearly states “Two sureties”, “Accused bound for Rs. 20,000”, “Each surety bound for Rs. 20,000”, “Attend court on October 30, 2025, at 11:00 AM”.
Sub-section (3): Forwarding the Bond
Explanation: If security (bail bond) is taken by the arresting officer based on such an endorsement, the officer must forward the executed bond documents to the court that issued the warrant.
Example: After Ms. Devi provides the bail bond and surety as endorsed, the arresting officer releases her and sends the signed bond papers to the court.
Section 74: Warrants to whom directed
Sub-section (1): Usual Direction
Explanation: Arrest warrants are normally directed to one or more police officers for execution.
Exception: If immediate execution is necessary and no police officer is available right away, the court can direct the warrant to any other person or persons, who must then execute it.
Example 1 (Normal): A warrant is addressed “To the Officer-in-Charge, XYZ Police Station, and all other police officers of the district.”
Example 2 (Exception): In a remote area with no immediate police presence, if a court needs to urgently arrest someone present in the courtroom premises, the judge might direct the court’s own security guard or another trustworthy person present to execute the warrant immediately.
Sub-section (2): Execution by Multiple Officers/Persons
Explanation: If a warrant is directed to multiple officers or persons, it can be executed by all of them working together, or by any one or more of them individually.
Example: A warrant addressed to “Inspector A, Sub-Inspector B, and Constable C” can be lawfully executed if only Sub-Inspector B finds and arrests the person.
Section 75: Warrant may be directed to any person (Specific Cases)
Sub-section (1): When Allowed
Explanation: A Chief Judicial Magistrate (CJM) or a Magistrate of the first class has the specific power to direct a warrant to any person (not necessarily a police officer) within their local jurisdiction for arresting specific categories of individuals:
Escaped convicts.
Proclaimed offenders (persons declared as absconders by a court).
Persons accused of a non-bailable offence who are evading arrest.
Example: A CJM learns that a proclaimed offender, Mr. Z, is hiding on a large private estate managed by Mr. P. If police access is difficult, the CJM could issue a warrant directed specifically to Mr. P, authorizing him to arrest Mr. Z if found on the property.
Sub-section (2): Duties of the Person Directed
Explanation: The person to whom such a warrant is directed must acknowledge receiving it in writing. They are obligated to execute it if the person to be arrested is found within any land or property under their charge.
Example: Mr. P receives the warrant for Mr. Z, signs an acknowledgement, and must arrest Mr. Z if he finds him anywhere on the estate he manages.
Sub-section (3): Procedure After Arrest
Explanation: Once the arrest is made by the directed person, they must hand over the arrested individual along with the warrant to the nearest police officer. The police officer will then take the arrested person before a Magistrate having jurisdiction. This handover is not needed if the warrant had a bail endorsement (under Sec 73) and the arrested person provided the required security to the person who made the arrest.
Example: Mr. P arrests Mr. Z on the estate. He immediately takes Mr. Z and the warrant to the nearest police station. The police then take custody and proceed to present Mr. Z before the Magistrate.
Section 76: Warrant directed to police officer
Explanation: A warrant directed to a specific police officer can also be executed by any other police officer whose name is endorsed (written) on the warrant by the officer to whom it was originally directed or endorsed. This allows delegation among police.
Example: A warrant is issued to Inspector Sharma. Inspector Sharma is going off-duty but knows the suspect is likely to be found soon. Sharma endorses the warrant with “Forwarded to SI Patel for execution” and signs it. SI Patel can now lawfully execute that warrant.
Section 77: Notification of substance of warrant
Explanation: The police officer or other person executing an arrest warrant must inform the person being arrested about the substance (the main points/reason) of the warrant. If the person being arrested requests it, the officer must also show them the actual warrant document.
Example: When arresting Mr. Q based on a warrant, the officer must say something like, “Mr. Q, I have a warrant for your arrest issued by [Court Name] concerning [briefly state offence, e.g., charges of cheating]”. If Mr. Q asks, “Let me see the warrant,” the officer must show him the document.
Section 78: Person arrested to be brought before Court without delay
Explanation: The police officer or other person executing an arrest warrant must bring the arrested person before the court they are required to be produced before, without unnecessary delay. This is subject to the provisions about releasing the person on bail if the warrant allows it (Sec 73).
Proviso (Time Limit): This delay must not exceed 24 hours. This 24-hour period excludes the actual time needed for the journey from the place of arrest to the Magistrate’s court.
Example: A person is arrested under warrant at 2 PM in a village 3 hours away from the relevant court. The officer must ensure the person reaches the court by 5 PM the next day (24 hours + 3 hours travel). Unnecessary delays like stopping for unrelated tasks are not permitted. If the warrant allowed bail (Sec 73) and the person furnished it, they wouldn’t need to be brought to court immediately.
Section 79: Where warrant may be executed
Explanation: An arrest warrant issued by a competent court can be executed (used to make an arrest) at any place within India. Its validity is not restricted to the state or district where the issuing court is located.
Example: A court in Delhi issues an arrest warrant for a person who is later found to be in Chennai. Police officers can travel to Chennai and use the Delhi court’s warrant to arrest the person there.
Section 80: Warrant forwarded for execution outside jurisdiction
Sub-section (1): Forwarding Procedure
Explanation: When a court issues a warrant that needs to be executed outside its local jurisdiction, instead of directing it to its local police, it may forward the warrant (by post or other means) to an Executive Magistrate, District Superintendent of Police (DSP/SP), or Commissioner of Police within whose jurisdiction the arrest is to be made.
Action by Receiving Authority: The receiving Magistrate/DSP/Commissioner must endorse their name on the warrant and, if practical, ensure it gets executed locally according to the prescribed procedures.
Example: A court in Lucknow needs to arrest someone in Mumbai. The Lucknow court can send the warrant directly to the Mumbai Commissioner of Police. The Commissioner’s office endorses the warrant and assigns Mumbai police officers to execute it.
Sub-section (2): Accompanying Documents
Explanation: When forwarding a warrant under sub-section (1), the issuing court must also send along:
The substance of the information against the person (details of the accusation).
Any supporting documents sufficient to help the court where the arrest is made (acting under Sec 83) decide whether bail should be granted.
Example: Along with the warrant sent to Mumbai, the Lucknow court includes a summary of the case against the accused and copies of key documents (like the FIR or complaint) to help the Mumbai Magistrate (before whom the person might be produced first) make an informed bail decision if applicable.
Section 81: Warrant directed to police officer for execution outside jurisdiction
Sub-section (1): Endorsement Procedure
Explanation: When a warrant is directed to a police officer but needs to be executed outside the local jurisdiction of the court that issued it, the officer carrying the warrant should normally get it endorsed first. They should take it to either:
An Executive Magistrate, OR
A police officer not below the rank of Officer-in-Charge of a police station, within the local limits where the warrant is actually going to be executed.
Example: A Sub-Inspector from Delhi Police has a warrant from a Delhi court to arrest someone in Ghaziabad (Uttar Pradesh). The SI should ordinarily go to an Executive Magistrate or the SHO of the relevant police station in Ghaziabad first, present the warrant, and get their endorsement (signature/stamp) on it.
Sub-section (2): Effect of Endorsement & Local Assistance
Explanation: Once the Magistrate or local police officer endorses their name on the warrant, that endorsement provides sufficient authority for the police officer carrying the warrant (from the original jurisdiction) to execute it in that new location. Furthermore, the local police must assist the visiting officer in executing the warrant if assistance is requested.
Example: After the Ghaziabad SHO endorses the warrant, the Delhi SI has the legal authority to arrest the person in Ghaziabad. If needed, the Delhi SI can ask the Ghaziabad police for help (e.g., additional personnel, local knowledge), and they are obliged to provide it.
Sub-section (3): Exception for Urgency
Explanation: If the police officer carrying the warrant reasonably believes that the delay caused by obtaining the endorsement from the local Magistrate or police officer might allow the person to escape, the officer can execute the warrant (make the arrest) in the outside jurisdiction without getting the prior endorsement.
Example: The Delhi SI arrives in Ghaziabad and receives credible information that the suspect is about to leave their current location immediately. Believing that going to the local police station first for endorsement would take too long and allow the suspect to flee, the SI can proceed directly to arrest the suspect based on the Delhi warrant alone.
Section 82: Procedure on arrest of person against whom warrant issued
Sub-section (1): Where to Take the Arrested Person
Explanation: When an arrest warrant is executed outside the district where it was issued, the arrested person must be taken before an Executive Magistrate, District Superintendent of Police (DSP/SP), or Commissioner of Police within whose local jurisdiction the arrest was made.
Exceptions: This step is bypassed, and the person should be taken directly towards the issuing court if:
The issuing court is within 30 kilometres of the place of arrest.
The issuing court is nearer than the local Executive Magistrate/DSP/Commissioner.
Security (bail) was taken under Section 73 (if the warrant had a bail endorsement).
Example 1 (Local Production): Arrest made in Pune on a warrant from Nagpur (more than 30 km away, Nagpur court is not nearer). The arrested person must first be produced before an Executive Magistrate or the SP/Commissioner in Pune.
Example 2 (Direct Transfer): Arrest made in Noida on a warrant from a nearby Delhi court (less than 30 km away). The arrested person should be taken directly towards the Delhi court.
Example 3 (Bail Endorsement): Arrest made in Jaipur on a warrant from Ajmer with a bail endorsement under Sec 73. If the person provides the required security on the spot, they are released and not produced before the local Magistrate/SP/Commissioner in Jaipur.
Sub-section (2): Information Duty
Explanation: Upon arresting someone outside the warrant’s issuing district, the arresting police officer must immediately inform:
The designated police officer in the district where the arrest was made.
The designated police officer in the district where the arrested person normally resides.
This information includes the fact of the arrest and the place where the arrested person is being held. (This seems to link with the duties under Section 37 regarding police control rooms and designated officers).
Example: Delhi Police arrests someone in Ghaziabad who resides in Meerut. The arresting officer must inform the designated officer in Ghaziabad (place of arrest) and the designated officer in Meerut (place of residence) about the arrest and where the person is being kept temporarily.
Section 83: Procedure by Magistrate before whom such person arrested is brought
Sub-section (1): Action by Local Magistrate/Police Head
Explanation: When an arrested person is brought before the local Executive Magistrate, DSP/SP, or Commissioner (as per Sec 82), if that authority believes the person is indeed the one named in the warrant, they must direct the person’s removal in custody towards the court that issued the warrant.
First Proviso (Bailable Offence/Bail Endorsement): However, the local authority (Magistrate/DSP/Commissioner) shall take bail/security and release the person if:
The offence mentioned in the warrant is bailable, AND the person is ready and willing to give a satisfactory bail bond, OR
The warrant had an endorsement under Section 73 directing security to be taken, AND the person is ready and willing to give that specific security.
In such a case, the local authority takes the bail bond/security and forwards it to the court that issued the warrant.
Second Proviso (Non-Bailable Offence): If the offence is non-bailable, the Chief Judicial Magistrate (CJM) or the Sessions Judge of the district where the arrest was made has the authority to consider releasing the person on bail. This decision is subject to the general bail provisions (Section 480) and should be based on the information and documents forwarded by the issuing court (as mentioned in Sec 80(2)).
Example 1 (Removal): Person arrested in Pune for a non-bailable offence on a Nagpur warrant is produced before Pune Magistrate. Magistrate confirms identity and orders police to escort the person to Nagpur court.
Example 2 (Bail – Bailable Offence): Person arrested in Pune for a bailable offence. Pune Magistrate takes a bail bond and releases the person, forwarding the bond to the Nagpur court.
Example 3 (Bail – Non-Bailable Offence): Person arrested in Pune for a serious non-bailable offence. The case documents (sent under Sec 80(2)) are considered by the Pune CJM or Sessions Judge, who may grant bail based on merits, even though the offence is non-bailable.
Sub-section (2): Police Power Unaffected
Explanation: Nothing in this section prevents a police officer from taking security directly if the warrant had a bail endorsement under Section 73.
Example: If the warrant had a Sec 73 endorsement, the arresting officer can take bail on the spot. The procedure under Sec 83 (production before local Magistrate) only applies if bail wasn’t taken immediately under Sec 73 or wasn’t applicable.
C. Proclamation and attachment
Section 84: Proclamation for person absconding
Sub-section (1): When Proclamation Can Be Issued
Explanation: If a court has issued an arrest warrant, and has reason to believe (either after taking evidence or based on information) that the person named in the warrant has absconded (gone into hiding) or is concealing themselves so the warrant cannot be executed, the court can publish a written proclamation. This proclamation requires the person to appear at a specific place and time. The appearance date must be at least 30 days after the date the proclamation is published.
Example: Police report to the court that despite multiple attempts, they cannot find Mr. A against whom an arrest warrant exists, and neighbours say he has left town suddenly without notice. The court, believing Mr. A is absconding, issues a proclamation ordering him to appear in court on December 1st (assuming publication happens before November 1st).
Sub-section (2): How to Publish the Proclamation
Explanation: The proclamation must be published in the following ways:
(i)(a) Publicly read out in a conspicuous place in the town or village where the person ordinarily resides.
(i)(b) Affixed (posted) to a conspicuous part of the house or homestead where the person ordinarily resides, or to a conspicuous place in that town or village.
(i)(c) Affixed to a conspicuous part of the courthouse.
(ii) The court may also direct a copy to be published in a daily newspaper that circulates in the area where the person ordinarily resides.
Example: For Mr. A, the court orders the proclamation to be read aloud in the main market of his village, posted on his house’s front door, posted on the court notice board, and also published in the local district newspaper.
Sub-section (3): Proof of Publication
Explanation: A written statement by the court issuing the proclamation, confirming that it was duly published on a specific date and in the manner described in sub-section (2)(i), is considered conclusive evidence that the publication requirements were met.
Example: The court records in the case file: “Proclamation against Mr. A duly published on October 25th, 2025, by public reading, affixing at residence, and affixing at courthouse as per Sec 84(2)(i).” This statement serves as proof of publication.
Sub-section (4): Declaring a Proclaimed Offender (Serious Offences)
Explanation: This applies specifically when the proclamation relates to a person accused of a serious offence (punishable with 10+ years imprisonment, life imprisonment, or death under BNS or other laws). If such a person fails to appear as required by the proclamation, the court, after making any necessary inquiry, may pronounce them a “proclaimed offender” and make a formal declaration.
Example: Mr. A was accused of robbery (punishable with >10 years). He doesn’t appear by December 1st as required by the proclamation. The court, after confirming publication and non-appearance, declares Mr. A a “proclaimed offender”.
Sub-section (5): Applicability of Publication Rules
Explanation: The rules about publication (sub-section 2) and proof of publication (sub-section 3) that apply to the initial proclamation also apply to the declaration of a person as a proclaimed offender made under sub-section (4).
Example: The declaration naming Mr. A as a proclaimed offender should also ideally be published in similar ways (reading out, affixing) and the court should record the fact of this publication.
Section 85: Attachment of property of person absconding
Sub-section (1): Order for Attachment
Explanation: The court issuing a proclamation under Section 84 can also order the attachment of any property (movable, immovable, or both) belonging to the proclaimed person. This order must be made after issuing the proclamation, and the reasons for ordering attachment must be recorded in writing.
Proviso (Simultaneous Attachment): The court can order attachment at the same time as issuing the proclamation if it is satisfied (by affidavit or otherwise) that the person is about to:
(a) Dispose of (sell, transfer) their property (whole or part).
(b) Remove their property (whole or part) from the court’s local jurisdiction.
Example 1 (After Proclamation): After issuing the proclamation for Mr. A, the court receives information that Mr. A owns a flat. The court, recording its reasons, issues a separate order to attach the flat.
Example 2 (Simultaneous): While issuing the proclamation, the police provide an affidavit stating they have reliable information that Mr. A is trying to quickly sell his car and withdraw all money from his bank account. The court can issue the proclamation and the order to attach the car and bank account simultaneously.
Sub-section (2): Scope of Attachment
Explanation: The attachment order authorizes attaching any property of the proclaimed person located within the district where the order is made. If the person has property in another district, the order can authorize attachment there too, but only after it is endorsed by the District Magistrate (DM) of that other district.
Example: The Delhi court issues an attachment order for Mr. A’s properties. Delhi police can attach his car located in Delhi. If Mr. A also owns land in Gurgaon, the Delhi court’s order must be sent to the Gurgaon DM for endorsement before the land in Gurgaon can be attached.
Sub-section (3): Attachment of Movable Property
Explanation: If the property to be attached is movable (like cash, vehicles, bank accounts, debts owed to the person), the attachment is done by one or more of the following methods, as the court deems fit:
(a) By seizure (physically taking possession).
(b) By appointing a receiver (someone to manage the property).
(c) By a written order prohibiting the delivery of the property to the proclaimed person or anyone acting for them.
(d) By a combination of these methods.
Example: To attach Mr. A’s car, the court might order physical seizure (a). To attach his bank account, it might issue a prohibitory order to the bank (c). To attach a business he owns, it might appoint a receiver (b).
Sub-section (4): Attachment of Immovable Property
Explanation: If the property is immovable (land, buildings):
If it’s land that pays revenue to the State Government, the attachment is made through the Collector of the district where the land is located.
In all other cases (e.g., urban property), attachment is done by one or more of the following methods, as the court deems fit:
(a) By taking possession.
(b) By appointing a receiver.
(c) By a written order prohibiting payment of rent or delivery of the property to the proclaimed person or anyone acting for them.
(d) By a combination of these methods.
Example: To attach Mr. A’s agricultural land, the court informs the District Collector who takes necessary action as per land revenue rules. To attach Mr. A’s flat, the court might appoint a receiver to manage it and collect rent, or issue orders preventing tenants from paying rent to Mr. A (c), or physically take possession if feasible (a).
Sub-section (5): Perishable Property/Livestock
Explanation: If the attached property consists of livestock or is perishable (likely to decay quickly), the court can order its immediate sale if considered expedient. The money obtained from the sale is then held subject to the court’s further orders.
Example: If Mr. A’s attached property includes a truckload of fresh vegetables or some cattle, the court can order them to be sold immediately to prevent loss. The sale proceeds are kept by the court.
Sub-section (6): Receiver’s Powers
Explanation: A receiver appointed under this section has the same powers, duties, and liabilities as a receiver appointed under the Code of Civil Procedure, 1908. They act under the court’s direction to manage the attached property.
Example: The receiver appointed for Mr. A’s flat can collect rent, pay necessary maintenance, and manage the property as per the court’s instructions and the rules in the Civil Procedure Code.
Section 86: Identification and attachment of property of proclaimed person (International Assistance)
Explanation: This section deals with situations where a proclaimed person’s property might be located outside India. The court can, upon a written request from a senior police officer (SP/Commissioner rank or above), initiate a process to request assistance from a court or authority in a ‘contracting State’ (a country with reciprocal arrangements with India). This assistance is for identifying, attaching, and potentially forfeiting property belonging to the proclaimed person located in that foreign country, following procedures outlined in Chapter VIII (Reciprocal Arrangements).
Example: Mr. B, declared a proclaimed offender in India for a major financial crime, is believed to have assets (like bank accounts or real estate) in the UK (assuming UK is a contracting state). An SP rank officer can request the Indian court handling Mr. B’s case to initiate a formal request (Letter Rogatory) to the UK authorities, asking them to help locate and freeze (attach) Mr. B’s assets there.
Section 87: Claims and objections to attachment
Sub-section (1): Who Can Claim and When
Explanation: If any property is attached under Section 85, any person other than the proclaimed person can make a claim or raise an objection to the attachment. This must be done within six months from the date of attachment. The grounds for the claim must be that the claimant/objector has an interest in the property and that this interest is not liable to attachment under Section 85 (e.g., they are the true owner, or a co-owner, and not the proclaimed person). The court will then inquire into the claim/objection and can allow or disallow it (fully or partially).
Proviso: If the claimant/objector dies during this period, their legal representative can continue the claim.
Example: The court attaches a car believed to belong to the absconding Mr. A. Mr. C comes forward within six months, claiming the car actually belongs to him and provides documents (like registration, loan papers) to prove his interest. The court will investigate Mr. C’s claim.
Sub-section (2): Where to File Claims
Explanation: Claims/objections should be filed in the court that issued the attachment order. However, if the attachment relates to property in another district (attached under an endorsed order as per Sec 85(2)), the claim can also be filed in the court of the Chief Judicial Magistrate (CJM) of the district where the attachment was actually made.
Example: If Mr. A’s car was attached in Delhi by a Delhi court order, Mr. C files his claim in that Delhi court. If Mr. A’s land was attached in Gurgaon based on the Delhi court’s order endorsed by the Gurgaon DM, Mr. C (claiming interest in the land) could file his objection either in the original Delhi court or in the Gurgaon CJM’s court.
Sub-section (3): Inquiry into Claims
Explanation: The court where the claim/objection is filed will conduct the inquiry.
Proviso: If filed before a CJM (as per sub-section 2), the CJM can delegate the inquiry to any Magistrate subordinate to them.
Example: The Gurgaon CJM receives Mr. C’s objection regarding the attached land and assigns it to a subordinate Magistrate in Gurgaon for inquiry and disposal.
Sub-section (4): Remedy if Claim Disallowed (Civil Suit)
Explanation: If a person’s claim or objection is disallowed (fully or partially) by the court’s order under sub-section (1), they have the right to file a civil suit within one year from the date of that order to establish the right they claim over the disputed property. Subject to the outcome of such a civil suit (if filed), the criminal court’s order disallowing the claim is considered conclusive.
Example: The Magistrate dismisses Mr. C’s claim over the car. Mr. C can file a regular civil lawsuit against the government (or relevant parties) within one year to prove his ownership of the car. If the civil court eventually rules in Mr. C’s favour, that ruling would prevail. If he doesn’t file a suit, or if the suit fails, the Magistrate’s order stands.
Section 88: Release, sale and restoration of attached property
Sub-section (1): Release if Person Appears
Explanation: If the proclaimed person appears in court within the time specified in the proclamation (usually 30 days or more from publication), the court must make an order releasing their property from attachment.
Example: Mr. A sees the proclamation and appears before the court on the specified date. The court cancels the attachment order on his flat and car.
Sub-section (2): Property Disposal if Person Doesn’t Appear
Explanation: If the proclaimed person does not appear within the specified time, the attached property comes under the disposal of the State Government. However, it cannot be sold until:
Six months have passed since the date of attachment, AND
Any claims/objections filed under Section 87 have been decided.
Exceptions for Sale: The property can be sold earlier than six months if:
It is subject to speedy and natural decay (perishable).
The court considers an earlier sale beneficial to the owner (e.g., fetching a better price).
In these exceptional cases, the court can order the sale whenever it thinks fit.
Example: Mr. A does not appear. His attached flat remains under attachment. After six months (and assuming no claims under Sec 87 are pending), the State Government can decide how to dispose of it (e.g., sell it). If his attached property included fresh produce (perishable), the court could have ordered its sale immediately after attachment.
Sub-section (3): Restoration if Person Appears/Apprehended Later
Explanation: If, within two years from the date of attachment, the person whose property was attached (and placed at the State Government’s disposal):
Appears voluntarily, OR
Is apprehended and brought before the court that ordered attachment (or its superior court), AND they prove to the court’s satisfaction that:
They did not abscond or conceal themselves purposefully to avoid the warrant execution, AND
They did not have notice of the proclamation in time to appear as required, then their property must be returned to them.
What is Returned:
If the property hasn’t been sold: the property itself.
If the property has been sold: the net sale proceeds (after deducting sale expenses).
If only part was sold: the net proceeds of the sold part and the remaining unsold property.
Deduction: Any costs incurred due to the attachment must be satisfied (paid) from the property or proceeds before delivery.
Example: Mr. A is arrested 18 months after his property was attached. He proves to the court he was unaware of the warrant or proclamation because he was stranded in a remote area with no communication after a natural disaster. The court orders his flat (if unsold) or its sale proceeds (if sold) to be returned to him, after deducting the costs related to the attachment process.
Section 89: Appeal from order rejecting application for restoration of attached property
Explanation: If a person applies for restoration of their property under Section 88(3) (claiming they didn’t abscond willfully and didn’t get notice) and the court refuses their application, that person has the right to appeal against the refusal. The appeal lies to the court which normally hears appeals from the sentences of the court that refused the restoration.
Example: If the Magistrate’s court refuses Mr. A’s application under Sec 88(3), Mr. A can appeal this refusal to the Court of Session (as appeals from Magistrate sentences typically lie there).
D. Other rules regarding processes
Section 90: Issue of warrant in lieu of, or in addition to, summons
Explanation: In any case where a court is empowered by the BNSS to issue a summons for someone’s appearance, it can, after recording its reasons in writing, issue an arrest warrant instead of or in addition to the summons, under specific circumstances:
(a) Before or After Summons Issuance: If the court sees reason to believe (before issuing summons, or after issuing it but before the appearance date) that the person has absconded or will disobey the summons.
(b) On Failure to Appear: If the person fails to appear at the required time, AND it is proved that the summons was duly served in time for them to appear, AND they offer no reasonable excuse for their failure.
Example 1 (Clause a): A court issues summons for Mr. B. Before the appearance date, the police report that Mr. B has sold his belongings and neighbours say he’s planning to leave the country. The court, recording these reasons, issues an arrest warrant for Mr. B even though the summons date hasn’t passed.
Example 2 (Clause b): Mr. C was properly served with a summons to appear on Monday. He doesn’t show up and provides no explanation. The court confirms service was proper and issues an arrest warrant for Mr. C due to his non-appearance.
Section 91: Power to take bond or bail bond for appearance
Explanation: This section applies when a person, for whose appearance or arrest a court’s presiding officer (Judge/Magistrate) has the power to issue a summons or warrant, is already present in that court. In such a situation, the officer can require the person to execute a bond (personal promise) or a bail bond (promise with surety) to ensure their future appearance in that court or any other court the case might be transferred to. This avoids the need to formally arrest someone already present or issue a summons for a future date when they are right there.
Example: Mr. D attends court as a witness. During the proceedings, evidence suggests Mr. D might also be involved as an accused. The Magistrate, who has the power to issue a warrant for Mr. D, finds him already present. Instead of arresting him or issuing a future summons, the Magistrate can immediately require Mr. D to sign a bond, promising to appear at the next hearing date related to the accusation against him.
Section 92: Arrest on breach of bond or bail bond for appearance
Explanation: If a person has signed a bond or bail bond under the BNSS, promising to appear before a court, and they fail to appear as required, the presiding officer of that court can issue an arrest warrant directing that the person be arrested and brought before them. This is a direct consequence of breaking the promise made in the bond.
Example: Mr. D signed a bond under Section 91 promising to appear on November 15th. He fails to show up on that date without any valid reason. The Magistrate can issue a warrant for Mr. D’s arrest to compel his appearance.
Section 93: Provisions of this Chapter generally applicable to summons and warrants of arrest
Explanation: This section clarifies that the rules detailed in Chapter VI regarding summons and warrants – their issuance, how they are served, and how they are executed – apply broadly to every summons and every arrest warrant issued under any provision of the BNSS, unless specifically stated otherwise. It ensures consistency in how these basic court processes are handled.
Example: If another chapter of the BNSS mentions issuing a warrant (e.g., Section 92, Section 141), the rules about the warrant’s form (Sec 72), who it can be directed to (Sec 74), how it’s executed (Sec 77, 78), and where (Sec 79) from Chapter VI will apply to that warrant as well.
