Summons and Warrants Under the BNSS, Including Electronic Service (2026)
What a summons and a warrant are under the BNSS, how the new code allows summons to be served electronically, and how these provisions map to the old CrPC. Last verified October 2026.
Explainer · Criminal Procedure · BNSS
A summons tells a person to appear in court; a warrant orders the arrest of a person. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) the form of summons is in Section 63 and the form of warrant in Section 72, replacing Sections 61 and 70 of the old Code of Criminal Procedure, 1973 (CrPC). The clear new feature is that a summons may be served electronically, bearing the image and seal of the court. These are procedure provisions, so they carry no punishment. Last verified October 2026.
- Summons: a written order to appear or produce a document, form in Section 63 of the BNSS (old Section 61 CrPC).
- Warrant: a written order to arrest a person, form and duration in Section 72 of the BNSS (old Section 70 CrPC).
- New feature: a summons may be served electronically, bearing the image and seal of the court.
- No punishment: these are procedure provisions, so they carry no sentence of their own.
- Research and tracking: Claw searches 30 crore+ judgments and tracks matters across 9,102 courts and forums.
01The problem: slow, unserved process
A case cannot move until the person is told to come to court. Under the old system, a summons went out on paper, through a process server or the post, and was often not served in time. Accused persons and witnesses avoided service, dates were wasted, and cases drifted.
Delay in serving process is one of the quiet reasons trials take so long. If the first notice does not reach the person, nothing else can happen on that date.
The BNSS tries to fix this by allowing a summons to be served electronically. People searching "summons under bnss" or "electronic summons bnss" are looking for how this now works.
02Summons and warrant, the difference
A summons is a direction to attend; a warrant is a direction to arrest. They are different tools for different situations.
- Summons: a written order, in duplicate, signed by the presiding officer and bearing the seal of the court, telling a person to appear or to produce a document. The form of summons is in Section 63 of the BNSS.
- Warrant of arrest: a written order, signed and sealed, directing the arrest of a named person and his production before the court. The form and duration of a warrant are in Section 72 of the BNSS.
A court usually starts with a summons. A warrant follows if the person does not appear, or where the law treats the matter as a warrant case from the start.
Procedure provisions, not offences
The summons and warrant provisions do not create any crime and carry no punishment of their own. They are tools to secure attendance. The labels of cognizable or bailable attach to the offence in the case, not to these provisions.
03Electronic service of summons
The BNSS allows a summons to be served in electronic form, bearing the image and seal of the court, in the manner the State Government provides by rules. This is the key modernisation. A summons can now travel by an encrypted or other electronic mode, not only on paper.
To support this, the police station or the court registry is to maintain a register of addresses, email addresses, phone numbers, and other details, so that electronic service has a reliable record. Electronic service is meant to be faster and harder to dodge than a paper summons left with a neighbour.
Courts are still working out the limits of electronic service, including when a particular electronic mode is or is not valid for a given kind of notice, so treat the mode of service as a point to confirm on the facts.
04Mapping to the old CrPC
The summons and warrant provisions of the BNSS replace the corresponding provisions of the CrPC, with the addition of electronic service. The form of summons moved from Section 61 of the CrPC to Section 63 of the BNSS, and the form of warrant from Section 70 to Section 72.
| Old law (CrPC, 1973) | New law (BNSS, 2023) | Subject |
|---|---|---|
| Section 61 | Section 63 | Form of summons |
| Sections 62 to 69 | Sections 64 and following | Service of summons, including electronic service |
| Section 70 | Section 72 | Form of warrant of arrest and its duration |
The exact numbering of each service provision should be confirmed against the official text, because the service sections run in a short sequence.
05What changed from the old law
The core idea of a summons and a warrant did not change. What changed is the mode. A summons can now be served electronically with the image and seal of the court, which was not provided for in the old CrPC. A register of contact details supports this.
This fits the wider BNSS move towards digital process and records. For a plain comparison of these shifts, see BNSS vs CrPC key changes. Where a person is actually arrested, the separate rules on arrest apply; see arrest under BNSS Section 35.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Service of summons and execution of warrants decide whether a date is effective, and disputes about valid electronic service are now being decided by the courts. Claw helps on both sides. You can search 30 crore+ judgments by section, party, or advocate, with results in under 5 seconds, to find how courts are treating electronic service and warrants. You can then track cases, orders and hearings across 9,102 courts and forums, with automatic updates, cause lists, and WhatsApp and email alerts, so you know when a summons or warrant is issued on your matter. See case search across Indian courts.
Create a FREE Claw account to search and track cases under this section by party or advocate name. Claw does not use customer case documents to train AI models. Claw is a research and tracking tool. It does not serve process and does not replace legal advice.
07Sources and further reading
- India Code (official text of the BNSS, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Supreme Court of India (judgments): sci.gov.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text of the summons and warrant provisions and take advice from counsel before you act.
08Frequently asked questions
What is a summons under the BNSS?
A summons under the Bharatiya Nagarik Suraksha Sanhita, 2023 is a written order of a court, in duplicate, signed and sealed, directing a person to appear or to produce a document. The form of summons is in Section 63, which replaced Section 61 of the CrPC.
Can a summons be served electronically under the BNSS?
Yes. The BNSS allows a summons to be served in electronic form bearing the image and seal of the court, in the manner the State Government provides by rules. A register of addresses, emails and phone numbers is to be maintained to support electronic service.
What is the difference between a summons and a warrant?
A summons directs a person to appear or produce a document. A warrant directs the arrest of a person. A court usually starts with a summons and issues a warrant if the person does not appear, or where the matter is a warrant case from the start.
Which old sections do the summons and warrant provisions replace?
The form of summons moved from Section 61 of the CrPC to Section 63 of the BNSS, and the form of warrant from Section 70 to Section 72. The service provisions follow in a short sequence; confirm the exact numbers against the official text.
Do the summons and warrant provisions carry any punishment?
No. They are procedure provisions, not offences. They do not create any crime and have no sentence of their own. They are tools to secure a person’s attendance or arrest in a case.
Can I track a summons or warrant in Claw?
Yes. Claw tracks cases, orders and hearings across 9,102 courts and forums with automatic updates and alerts, so you know when a summons or warrant is issued on your matter. You can also search 30 crore+ judgments on service and warrants. Claw does not serve process or give legal advice.