Indian criminal procedure | Updated October 2026

Section 90 CrPC and Section 93 BNSS: Rules Applicable to Summons and Arrest Warrants

Section 90 of the Code of Criminal Procedure, 1973 established a common procedural framework for summons and arrest warrants. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 93, applicable from 1 July 2024, subject to the statutory savings for pending proceedings.

Key point: Section 93 BNSS extends the Chapter VI rules on the issue, service and execution of summons and warrants to summons and arrest warrants issued elsewhere under the BNSS, so far as those rules can appropriately apply.

Text of Section 90 CrPC, 1973

Provisions of this Chapter generally applicable to summonses and warrants of arrest.

The provisions contained in this Chapter relating to a summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Code.

This is the historical statutory provision. The CrPC was repealed by the BNSS, with transitional protection for certain pending proceedings under Section 531 BNSS.

Current Law: Section 93 BNSS, 2023

Provisions of this Chapter generally applicable to summons and warrants of arrest.

The provisions contained in this Chapter relating to summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Sanhita.

The provision is in Chapter VI, which deals with processes to compel appearance. It carries forward the essential rule of Section 90 CrPC with updated statutory terminology.

Meaning and Legal Effect

1. What is a summons?

A summons is a formal process requiring a person to appear before a court or comply with a direction according to law. Chapter VI sets out rules concerning the form and service of summons, including provisions for electronic means under the BNSS.

2. What is a warrant of arrest?

An arrest warrant is a judicial direction authorising the arrest of a specified person and their production before the competent court. It is subject to the prescribed requirements governing its form, execution and related safeguards.

3. What does "so far as may be" mean?

The phrase requires the relevant procedural rules to be applied to other summonses and arrest warrants to the extent that they are suitable and consistent with the context. It does not mean that every provision applies mechanically or overrides a specific statutory rule.

4. Does Section 93 independently authorise an arrest?

No. Section 93 is a general application provision; it does not, by itself, create a separate ground for issuing an arrest warrant. The court must have authority under the applicable substantive procedural provision.

Section 90 CrPC and Section 93 BNSS

Subject	CrPC, 1973	BNSS, 2023
Relevant section	Section 90	Section 93
Subject matter	General rules for summonses and arrest warrants	General rules for summons and arrest warrants
Scope	Issue, service and execution under the Code	Issue, service and execution under the Sanhita
Application	Historical and saved proceedings as applicable	Current procedural framework, subject to savings

Practical Application

For example, when a court issues a warrant under a provision outside the immediately preceding rules on warrants, Section 93 helps make the general Chapter VI procedures applicable to its form and execution, insofar as appropriate. Similarly, summons issued under the BNSS ordinarily follow the applicable service rules, unless a specific provision requires otherwise.

Transition from CrPC to BNSS

The BNSS came into force on 1 July 2024. Section 531 repeals the CrPC but saves specified pending appeals, applications, trials, inquiries and investigations. Accordingly, the applicable procedural law must be determined from the nature and status of the particular proceeding and the savings provision; it should not be assumed solely from the date of a court hearing.

Frequently Asked Questions

What is the BNSS equivalent of Section 90 CrPC?

Section 93 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Is Section 90 CrPC still applicable?

It may remain relevant to proceedings protected by the repeal and savings provision in Section 531 BNSS, and to the interpretation of earlier procedural acts.

Does Section 93 cover both summons and arrest warrants?

Yes. It extends applicable Chapter VI rules on their issue, service and execution to summons and arrest warrants issued under the BNSS.

Official Statutory Sources

This article provides general legal information and is not a substitute for advice on the facts of a particular case.