Summons or warrant? What to do when you receive one
Court summons, police notice, bailable and non-bailable warrant: what each means, how to verify it on eCourts, what happens if you ignore it, and what to do.
In short
- A summons is a court order to appear or produce a document. It is not an arrest. Attend, or have your lawyer seek exemption with reasons.
- A warrant orders the police to arrest you and bring you to court. A bailable warrant lets the police release you on a bond; a non-bailable one means you must seek bail from the court.
- A police notice under Sec 35(3) BNSS calls you to the police station, not to court. Comply and you should not be arrested.
- Check any paper on eCourts by case number. Nobody is arrested over a video call, and no court takes money by phone to "cancel" a warrant.
- Ignoring a summons leads to a warrant, then a proclamation and attachment of property. Missing a date is fixable; hiding is not.
An envelope from a court, a policeman at your door with a paper, or a phone call claiming a warrant has been issued in your name. Each can cause panic. But not every legal paper means arrest, and not every call claiming to be from the police is real. Knowing the difference lets you respond calmly and avoid the trouble that comes from ignoring a court.
A summons: the court wants you present
A summons is a written order from a court asking you to appear on a certain date, or to produce a document. Courts use it for accused persons in less serious cases, for witnesses, and in civil cases. Under Sec 63 BNSS (earlier Sec 61 CrPC) a summons must be in writing, in duplicate, signed by the presiding officer and bear the court's seal. The BNSS also allows a summons in encrypted electronic form bearing the court's seal or digital signature (Sec 70 BNSS), so a summons sent to your registered email can be valid.
A paper summons is usually served by a police officer or court officer, who hands you one copy and asks you to sign the other (Sec 64 BNSS). Signing is only an acknowledgment of receipt. If you are not at home, it can be left with an adult family member, or affixed to your door if service fails.
A summons does not mean you will be arrested. If you are an accused, you can usually apply for bail on the first date and the court will often allow your lawyer to appear for you if you have a good reason to be absent. If you are a witness, the court will tell you when to come back to give evidence; ask for your travel expenses, which the court can order.
A warrant: the court sends the police
A warrant of arrest is a written order from a court directing the police to arrest a person and bring them before the court (Sec 72 BNSS, earlier Sec 70 CrPC). It must be in writing, signed by the presiding officer and sealed, and it stays in force until executed or cancelled.
A court may make the warrant bailable. Under Sec 73 BNSS the court can endorse on the warrant that if you give a bond, with or without sureties, to appear in court on a stated date, the officer must release you. A non-bailable warrant has no such endorsement: the police must produce you before the court, and you seek bail there. Courts usually issue a warrant only when a person ignores a summons. In Inder Mohan Goswami v. State of Uttaranchal (2007), the Supreme Court said courts should prefer summons first, and issue non-bailable warrants only when a person is likely to abscond or evade.
A police notice is different
The police can send a notice of appearance under Sec 35(3) BNSS (earlier Sec 41A CrPC), asking you to come to the station for questioning in an offence punishable with up to seven years, where arrest is not necessary. If you attend and cooperate, you should not be arrested unless the officer records fresh reasons. This is a police paper, not a court paper. See our article on the Section 35 notice for details.
What happens if you ignore them
- Ignoring a court summons normally leads to a warrant. Intentionally failing to attend when legally bound to can itself be an offence under Sec 208 BNS, with up to six months' imprisonment where the summons was to attend court in person.
- If a person is hiding to avoid a warrant, the court can publish a proclamation requiring them to appear within a stated time of not less than 30 days (Sec 84 BNSS), and can order attachment of their property (Sec 85 BNSS).
- Failing to appear after a proclamation is a separate offence under Sec 209 BNS, punishable with up to three years, and up to seven years if the person is declared a proclaimed offender.
Step by step
- Read the paper carefully. Note the court's name, case number and type (for example "CC" for a criminal complaint case), the date, and whether you are called as a witness or an accused.
- Check that it is genuine. Search the case number on ecourts.gov.in or the eCourts mobile app, or call the court's office. Never use a phone number given only in a suspicious message.
- Sign for receipt. Signing a real summons does not admit anything. Note the date of service.
- Consult a lawyer before the date. If you cannot afford one, call 15100 or visit the District Legal Services Authority (DLSA) in the district court complex.
- Attend on the date. If you truly cannot, your lawyer can file an application for exemption with reasons and proof (medical certificate, travel ticket).
- If a warrant is already issued, act fast. Your lawyer can file an application to recall or cancel it, usually with an undertaking to appear, and you can surrender before the court and apply for bail the same day.
Pradeep, a shopkeeper in Indore, finds a summons pasted on his shutter in a cheque-bounce case he knew nothing about. The date has already passed. He looks up the case number on eCourts and sees a bailable warrant was issued when he did not appear. His legal aid lawyer files an application the next morning to recall the warrant, explaining that the summons was never handed to him, and Pradeep appears in person. The Magistrate recalls the warrant, takes a bond, and gives the next date. Had Pradeep ignored the paper, the next step would have been a non-bailable warrant and then a proclamation.
Keep these ready
- The summons or notice itself, with the date you received it noted on it
- A screenshot or printout of the case status from eCourts
- Photo ID and address proof, for the court and for any bond
- Documents connected to the case (agreements, cheques, receipts, chats)
- Proof of any reason for absence (medical certificate, exam ticket, travel booking)
Courts and police do not arrest people over video calls, and there is no such thing as a "digital arrest" in Indian law. No real officer or court will ask you to transfer money to "clear" a warrant or "verify" your account. Hang up and report the call on 1930 or at cybercrime.gov.in.
Where to go
- The court named on the paper (its office, or the case status on eCourts) to verify and to appear
- District Legal Services Authority or NALSA helpline 15100, for a free lawyer to seek exemption, recall of warrant or bail
- The police station named in a Sec 35 notice, in writing, to ask for another date
- Cyber fraud helpline 1930 for fake-warrant and "digital arrest" calls; 112 in an emergency
Common questions
Can the police arrest me on a summons?
No. A summons only requires you to appear in court or produce a document. Arrest needs a warrant from the court or a situation where the law allows arrest without a warrant. But if you ignore a summons, the court can issue a warrant, so attend or seek exemption through your lawyer.
What is the difference between a bailable and a non-bailable warrant?
A bailable warrant carries a court endorsement under Sec 73 BNSS that the police must release you if you give a bond to appear on a stated date. A non-bailable warrant has no such endorsement, so the police must bring you before the court, where you apply for bail. Both can be recalled by the court on an application.
I missed the court date. Will I be arrested?
Not automatically. The court may issue a bailable warrant first. Have a lawyer file an application to recall the warrant with your reason for absence and an undertaking to appear, and appear in person on the next date. Repeatedly missing dates leads to a non-bailable warrant and then a proclamation.
Can a summons be sent by email or WhatsApp?
The BNSS allows courts to issue summons electronically in encrypted form with the court's seal or digital signature (Sec 70 BNSS), so an email summons from the court can be valid. Verify it on eCourts. A WhatsApp message demanding money or a video call is a scam, not a summons.
What is a proclaimed offender?
If a person against whom a warrant is issued hides to avoid it, the court publishes a proclamation under Sec 84 BNSS giving at least 30 days to appear. If they still do not appear in a serious case, the court can declare them a proclaimed offender, attach their property under Sec 85 BNSS, and the non-appearance becomes a separate offence under Sec 209 BNS.
This article is general information for awareness, not legal advice. For your situation, consult an advocate or call free legal aid at 15100.
