The criminal procedures in India have undergone several important reforms with the coming into force of the Bhartiya Nagarik Suraksha Sanhita, 2023 [replacing the Code of Criminal Procedure, 1973]. One of the areas which directly affects the personal liberty of an individual and often confuses general public and is the difference between arrest, summon and notice of appearance. Let us understand the difference between these terms –
Arrest (Section 35, BNSS, 2023)
An arrest is the most serious form of police action. It involves taking a person into custody. An arrest is generally made when the police believes that such custody is necessary to ensure proper investigation prevent tampering of evidence and further offence, or secure the presence of the accused before the Court.
However, BNSS continues the constitution principle that arrest is the last resort, not the first step. Even for cognizable offences, arrest must be justified and reasonable. An arrested person has enforceable rights such as right to legal counsel, intimation to family, production before a Magistrate within 24 hours, challenge to an unlawful arrest, etc.
SUMMON (Section 63, BNSS, 2023)
A summon is a direction issued by a Court requiring the person to appear before it at a specified date, time and place. Unlike arrest, a summon does not involve custody or detention. It is commonly issued where the Court believes that the presence of the accused or witness can be secured without coercive measures. However, failure to comply with a summon can lead to a stricter step such as issuance of a warrant. A warrant, issued under Section 72 of BNSS, 2023, authorises the police to secure presence of the person, even by arrest, if necessary. Therefore, while a summon may appear less serious, if should never be ignored. Legal advice at this stage can often prevent escalation of proceedings and harm to the person summoned.
NOTICE OF APPEARANCE (Section 35, BNSS, 2023)
A notice of appearance is issued to a person by the police, where the police believes that the arrest of such person is not required. This notice requires the accused to appear before the investigating officer at a specified place and time and cooperate with the investigation. The objective before issuing a notice of appearance is clear i.e., to avoid unnecessary arrests, especially in cases where custody is not required. As long as the person complies with the notice and cooperates, arrest should ordinarily not be made.
Conclusion
In simple terms, arrest involves custody, summon is a courts’ directive to appear, warrant is a coercive judicial step for non-compliance and notice of appearance is a police mechanism to secure cooperation without arrest. Each situation demands a different legal response. Ignoring a summon or notice, or not asserting your rights during arrest, can have serious consequences.
Timely legal guidance can protect your liberty, reputation and rights under the evolving framework of BNSS, 2023.
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