A summons is the court's polite stage. Everything after it is worse, and the escalation is mechanical.
The escalation
- Summons. A direction to appear on a date. Attend, or have your lawyer seek exemption with a reason.
- Bailable warrant. Issued on non-appearance. You can be arrested but must be released on furnishing bail in the amount specified.
- Non-bailable warrant. The police may arrest and you must be produced before the court, which then decides bail. Getting an NBW recalled requires an application explaining the absence.
- Proclamation under Section 84 BNSS (formerly Section 82 CrPC), requiring you to appear within not less than 30 days, published and affixed.
- Attachment of property under Section 85 BNSS, and eventually declaration as a proclaimed offender, which is itself an offence to abscond from and which makes bail far harder.
The compounding effect on bail
Every unexplained absence is recorded and is quoted back at you when you apply for bail or seek recall of a warrant. Courts treat non-appearance as the clearest evidence of the risk of absconding. A case that would have ended in a routine acquittal or compounding can become a custody problem purely through non-attendance.
Every unexplained absence is recorded and is quoted back at you when you apply for bail or seek recall of a warrant. Courts treat non-appearance as the clearest evidence of the risk of absconding. A case that would have ended in a routine acquittal or compounding can become a custody problem purely through non-attendance.
If you genuinely cannot attend
- Apply through your lawyer for exemption from personal appearance, supported by proof: medical certificate, travel record, employment document.
- In summons cases, particularly cheque bounce matters, courts routinely allow appearance through a pleader and exempt the accused from attending every date.
- Where you are outside India, seek permission for appearance by video conferencing.
If a warrant has already issued
Do not wait for the police. File an application to recall the warrant, appear voluntarily on the next date, and explain the absence with documents. Courts respond far better to a person who comes in on their own than to one brought in on a warrant, and voluntary appearance is itself a point in favour at the bail stage.