Non Bailable Warrant (NBW) - Explained

0 0 RABI KR. PANDIT Sunday, August 11, 2024

Non Bailable Warrant (NBW)

A Non Bailable Warrant (NBW) is a legal instrument issued by a competent court in criminal proceedings, authorizing the police to arrest the person named in the warrant. Unlike bailable warrants, where the accused can secure their release on bail right at the police station upon arrest, non-bailable warrants do not allow for such immediate bail.

The issuance of a non-bailable warrant implies that the accused must be presented before the court that issued the warrant, and it is up to the court's discretion to grant bail or not.

Non-bailable warrants are typically issued in cases of serious offenses or when the accused fails to comply with court summons or bailable warrants, indicating a disregard for legal proceedings or an attempt to evade justice. The term "non-bailable" does not mean that bail is impossible but rather that obtaining bail is not the accused's immediate right and requires judicial scrutiny.

The process leading to the issuance of a non-bailable warrant involves the court being convinced that the accused has intentionally avoided arrest or has not appeared before the court despite repeated summons or notices.

The purpose of an NBW is to compel the appearance of the accused in court to ensure the smooth progression of legal proceedings. It represents a significant step in the legal process, emphasizing the seriousness with which the law treats non-compliance with judicial directives.

Non Bailable Warrant (NBW) Meaning

A Non-Bailable Warrant (NBW) in India is a type of legal order issued by a court directing the arrest of an individual. Here’s what it means:

Issued by the Court: An NBW is typically issued when a person, accused of a crime, fails to appear in court despite being summoned, or if the court believes that the person may abscond or tamper with evidence.
Arrest Without Bail: Unlike a bailable warrant, where the accused can seek bail at the time of arrest, a non-bailable warrant means the person cannot be released on bail by the arresting officer. The accused must be produced before the court.
Seriousness of the Case: NBWs are generally issued in serious cases or when the court feels that the accused may not cooperate with the judicial process.
Consequences: Once issued, the police are authorized to arrest the person named in the warrant, and the individual has to be brought before the court. The court will then decide whether to grant bail or keep the person in custody.
Legal Recourse: The person against whom an NBW is issued can approach the court for cancellation of the warrant, typically by providing a valid reason for non-appearance and assuring future compliance.

In summary, an NBW is a strict legal tool used to ensure that an accused individual appears before the court and does not evade justice.

Non-Bailable Warrants are typically issued in situations where:

The accused fails to appear in court despite repeated summons or bailable warrants.
There is reasonable evidence or suspicion that the accused has committed a non-bailable offense.
The court believes that the accused may abscond or not appear in court during the trial.

The issuance of an NBW is a serious matter, indicating that the court is taking stringent measures to ensure the accused is brought to justice.

ALSO READ:

Non Bailable Warrant Under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023

Under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, the issuance and handling of Non-Bailable Warrants (NBWs) are governed by specific sections of this new legal code. This code is designed to replace the older Criminal Procedure Code (CrPC) 1973, bringing in new procedural aspects for criminal justice in India.

Key Sections Related to Non-Bailable Warrants Under BNSS:

Section 83 - Issuance of Non-Bailable Warrants

This section allows a Chief Judicial Magistrate or a Magistrate of the first class to issue a non-bailable warrant under specific conditions:

Escaped Convicts: Individuals who have escaped from lawful custody.
Proclaimed Offenders: Those declared as such by the court.
Serious Offenses: Accused individuals involved in serious crimes and evading arrest.

Section 84 - Execution of Warrants

This section details the process for executing a warrant:

Acknowledgment: The person tasked with executing the warrant must acknowledge its receipt.
Arrest Procedure: They must arrest the accused if found within their jurisdiction.
Post-Arrest: After the arrest, the accused must be handed over to the nearest police officer and presented before the court with jurisdiction over the case.

Section 90 - Trial in Absentia

This section permits a trial to proceed even if the accused has absconded:

Trial in Absentia: Allows for the continuation of the trial even if the accused cannot be apprehended, potentially following the issuance of a non-bailable warrant.

Section 70 - Police Custody

Discusses the duration of police custody:

Extended Custody: The BNSS allows up to 15 days of police custody within the first 60 or 90 days of judicial custody.
Impact on Bail: Extended police custody can influence bail decisions, especially in cases involving non-bailable offenses.

The BNSS introduces significant changes aimed at streamlining and tightening the criminal justice system, particularly with regard to the handling of non-bailable offenses and the execution of related warrants. These sections reflect the government's effort to ensure stricter compliance with legal procedures and enhance the effectiveness of law enforcement in dealing with serious crimes.

Non Bailable Warrant Law in India

In India, the issuance and execution of a Non-Bailable Warrant (NBW) are governed by provisions in the Code of Criminal Procedure (CrPC), 1973. Here’s an overview of the legal framework surrounding NBWs:

1. Issuance of Non-Bailable Warrants

Section 70 CrPC: This section empowers a court to issue a warrant of arrest. The court may issue either a bailable or a non-bailable warrant depending on the nature of the offense, the behavior of the accused, and other circumstances.
Section 87 CrPC: Under this section, a court can issue a Non-Bailable Warrant if it appears that the summons issued earlier were not effective, or if the court believes that the accused may abscond, conceal themselves, or fail to appear in court.

2. Conditions for Issuance

Seriousness of the Offense: NBWs are generally issued for serious offenses where the accused is likely to face significant punishment.
Failure to Appear: If an accused person fails to respond to a summons or avoids court appearances, an NBW may be issued to compel their presence.
Risk of Absconding: Courts may issue an NBW if there is a reasonable belief that the accused may flee to avoid prosecution.

3. Execution of Non-Bailable Warrants

Section 72 CrPC: A warrant may be executed at any place in India. The warrant must be in writing, signed by the judge, and contain the seal of the court. The police officer is responsible for arresting the individual named in the NBW.
Section 74 CrPC: If the person named in the warrant cannot be found, the officer may arrest any person who, based on the officer’s belief, could aid in locating the accused.

4. Legal Recourse and Cancellation

Anticipatory Bail: The accused can apply for anticipatory bail under Section 438 CrPC if they fear arrest under a non-bailable warrant.
Cancellation of Warrant: The accused can approach the court that issued the NBW to seek its cancellation, explaining the reasons for non-compliance with previous summons and offering to appear in court.
Surrender: The accused can voluntarily surrender before the court and request that the warrant be canceled.

5. Case Law and Judicial Interpretation

The Supreme Court and various High Courts have laid down guidelines on when and how NBWs should be issued. The courts generally prefer to issue an NBW only as a last resort to prevent misuse and ensure that the judicial process is followed in a fair and just manner.

6. Impact of an NBW

An NBW can lead to the immediate arrest and detention of the accused. The accused must be presented before the court, which will then decide whether to grant bail or keep the accused in custody pending trial or further proceedings.

7. Important Judicial Guidelines

Courts have emphasized that NBWs should not be issued mechanically but only when absolutely necessary. The principle of proportionality should guide the decision to issue such warrants.

In conclusion, a Non-Bailable Warrant in India is a powerful legal instrument used by courts to ensure the presence of an accused in serious criminal cases, while also providing safeguards to prevent its misuse.

Non Bailable Warrant Under Section 138 of the Negotiable Instruments Act, 1881

A Non-Bailable Warrant (NBW) can be issued in cases under Section 138 of the Negotiable Instruments Act, 1881, which deals with the offense of cheque dishonor due to insufficient funds or other reasons.

Key Points Regarding NBW Under Section 138:

1. Nature of the Offense (Section 138)

Section 138 of the Negotiable Instruments Act makes it a criminal offense to issue a cheque that is dishonored due to insufficient funds or when the account is closed.
The offense is punishable with imprisonment up to two years, a fine that may extend to twice the amount of the cheque, or both.

2. Issuance of Summons and Warrants

In a typical case under Section 138, the court first issues a summons to the accused after the complainant proves a prima facie case.
If the accused fails to appear in response to the summons, the court may issue a Bailable Warrant.
If the accused continues to evade the court or if the court believes that the accused might not comply with the legal process, it may issue a Non-Bailable Warrant under the provisions of the Code of Criminal Procedure (CrPC), 1973.

3. When NBW Can Be Issued

Repeated Non-Appearance: If the accused repeatedly fails to appear in court despite being summoned.
Evasion: If the court is convinced that the accused is deliberately evading the court proceedings.
Seriousness of the Matter: In cases where the dishonored amount is substantial, and there is a reasonable apprehension that the accused may abscond.

4. Legal Recourse

Anticipatory Bail: The accused can apply for anticipatory bail under Section 438 CrPC if they fear arrest due to the issuance of an NBW.
Surrender and Bail Application: The accused can voluntarily surrender before the court and file for regular bail or request the cancellation of the NBW.
Cancellation of NBW: The accused can move an application for the cancellation of the NBW by providing valid reasons for their previous non-appearance.

5. Execution of NBW

Once issued, an NBW authorizes the police to arrest the accused without granting them bail at the time of arrest.
The accused must be produced before the court after arrest, where the court will decide on their bail or further custody.

Judicial Guidelines

Courts generally issue NBWs in Section 138 cases as a last resort, emphasizing that such warrants should be issued only when absolutely necessary to secure the presence of the accused.
The Supreme Court of India and various High Courts have consistently stressed the importance of ensuring that the issuance of NBWs is not done mechanically and is backed by substantial reasons.

A Non-Bailable Warrant under Section 138 is a serious step that the court takes to ensure the presence of the accused in cases of cheque dishonor. It underscores the importance of adhering to court summons and highlights the consequences of evading legal proceedings in financial offenses.

Sections of Non Bailable Warrant Code of Criminal Procedure (CrPC), 1973

The issuance and execution of a Non-Bailable Warrant (NBW) in India are primarily governed by specific sections of the Code of Criminal Procedure (CrPC), 1973. Below are the relevant sections related to NBWs:

1. Section 2(a) CrPC: Definition of Bailable and Non-Bailable Offenses

Definition of Non-Bailable Offenses: This section provides the definitions of various terms used in the CrPC. Specifically:

Non-Bailable Offense: As per Section 2(a), a non-bailable offense is one that is not listed as bailable in the First Schedule of the CrPC or any other law. In the context of NBWs, this means that when a person is accused of a non-bailable offense, they do not have the right to be released on bail as a matter of right and must seek bail from the court.

Bailable Offense: Conversely, a bailable offense is one where the accused is entitled to be released on bail if they furnish the required surety.

2. Section 41 CrPC: When Police May Arrest Without Warrant

Power of Police to Arrest Without Warrant: Section 41 outlines the circumstances under which a police officer may arrest a person without a warrant. This includes:

Cognizable Offense: If the person is suspected of committing a cognizable offense, which is typically non-bailable, the police have the authority to arrest without a warrant.

Person Proclaimed as an Offender: If a person has been proclaimed as an offender under Section 82 CrPC (usually after the issuance of a non-bailable warrant and failure to appear), they can be arrested without a warrant.

Reasonable Suspicion: The police can also arrest without a warrant if there is credible information or reasonable suspicion that the person has committed a non-bailable offense.

Prevention of Offense: The section allows for arrest to prevent a cognizable offense from being committed, which may lead to the subsequent issuance of an NBW if the person evades the court.

3. Section 70 CrPC: Form of Warrant of Arrest and Duration

Form and Content: Every warrant of arrest must be in writing, signed by the presiding officer, and bear the seal of the court. The warrant remains in force until it is executed or canceled by the court.

4. Section 71 CrPC: Power to Direct Security to be Taken

Bailable vs. Non-Bailable Warrants: This section primarily deals with bailable warrants. In contrast, a Non-Bailable Warrant does not allow the police to release the accused on bail; the accused must be brought before the court.

5. Section 72 CrPC: Warrant to Whom Directed

Execution: A warrant can be directed to one or more police officers or any other person, and it can be executed by any such officer or person.

6. Section 73 CrPC: Warrant May Be Directed to Any Person

Direction to Public: The court can direct the warrant to any person, particularly when the accused is difficult to locate.

7. Section 74 CrPC: Warrant Directed to Police Officer

Execution by Police: When directed to a police officer, the warrant must be executed by arresting the person and producing them before the court.

8. Section 82 CrPC: Proclamation for Person Absconding

Declaration of Absconder: If the accused fails to appear despite the issuance of a warrant, the court can declare them as an absconder and issue a proclamation requiring the person to appear at a specified place and time.

9. Section 87 CrPC: Issue of Warrant in Lieu of, or in Addition to, Summons

Issuance of NBW: The court can issue a warrant instead of or in addition to a summons if it believes the accused may not respond to the summons.

10. Section 204 CrPC: Issue of Process

Issuance of Summons or Warrant: When a magistrate takes cognizance of an offense, the court may issue either a summons or a warrant. In cases of serious offenses, the court may issue an NBW.

11. Section 444 CrPC: Power to Impound Documents, etc., Produced

Arrest After Default: If an accused fails to comply with a bond's conditions or if a surety applies to discharge the bond, the court may issue an NBW to arrest the accused.

12. Judicial Guidelines and Precedents

Issuance of NBW: The judiciary has provided guidelines to ensure that NBWs are not issued mechanically and are only used when absolutely necessary to secure the presence of the accused. Courts often consider factors such as the gravity of the offense, the likelihood of the accused fleeing, and previous non-compliance with summonses.

Sections 2(a) and 41 CrPC provide critical context for understanding Non-Bailable Warrants in India. Section 2(a) defines what constitutes a non-bailable offense, while Section 41 gives police the authority to arrest without a warrant in cases of non-bailable or cognizable offenses, which may subsequently lead to the issuance of an NBW. The other sections mentioned outline the procedures and conditions under which NBWs are issued, executed, and canceled.

The sections mentioned above collectively govern the issuance, execution, and cancellation of Non-Bailable Warrants in India. Courts exercise considerable discretion in issuing NBWs, balancing the need to compel the presence of the accused with the rights and liberties of the individual.

Non Bailable Warrant Section IPC

In Indian law, a Non-Bailable Warrant (NBW) is not explicitly covered under the Indian Penal Code (IPC) but rather under the Code of Criminal Procedure (CrPC), 1973. The IPC primarily deals with defining offenses and prescribing punishments, while the CrPC provides the procedural law for the administration of criminal justice, including the issuance of warrants.

However, certain sections of the IPC are often associated with offenses that are non-bailable, which can lead to the issuance of an NBW under the CrPC. Below are some key points:

1. Non-Bailable Offenses under IPC

Serious Offenses: Certain offenses under the IPC are categorized as non-bailable due to their serious nature. Examples include:

Section 302 IPC: Murder
Section 307 IPC: Attempt to murder
Section 376 IPC: Rape
Section 395 IPC: Dacoity
Section 498A IPC: Cruelty by husband or relatives

Issuance of NBW: If an individual accused of any of these offenses evades arrest or fails to appear before the court, the court may issue a non-bailable warrant under the relevant sections of the CrPC.

2. Related Provisions in CrPC

Section 70 CrPC: Discusses the form and content of a warrant.
Section 82 CrPC: Allows for a proclamation of the accused as an absconder if they fail to appear in response to a non-bailable warrant.
Section 204 CrPC: Governs the issuance of a warrant by the magistrate during the trial process.

3. Understanding NBWs in the Context of IPC Offenses

Non-Bailable Warrants are Procedural: While the IPC specifies what constitutes a non-bailable offense, the procedural aspects, such as the issuance of an NBW, are governed by the CrPC. Thus, when an individual is charged with a serious crime under the IPC, the court may issue an NBW under the CrPC to ensure the accused's presence in court.

The concept of a Non-Bailable Warrant is procedural and is governed by the CrPC, though it is closely tied to certain serious offenses outlined in the IPC. Therefore, while the IPC defines offenses that may lead to an NBW, the actual process of issuing such a warrant falls under the provisions of the CrPC.

Non Bailable Warrant Against Witness

The issuance of a Non-Bailable Warrant (NBW) against a witness in India is governed by specific provisions in the Code of Criminal Procedure (CrPC), 1973. These provisions provide the legal framework for compelling the attendance of a witness who fails to comply with court orders. Below are the key provisions under the CrPC that deal with the issuance of an NBW against a witness:

1. Section 87 CrPC: Issue of Warrant in Lieu of, or in Addition to, Summons

Warrant Issuance: If a court has reason to believe that a witness will not respond to a summons, or if a witness fails to appear after being summoned, the court may issue a warrant for the arrest of the witness. This section allows the court to issue a Non-Bailable Warrant if the circumstances justify it.
Lack of Response to Summons: The issuance of an NBW under this section is often considered when the witness ignores a summons or is likely to avoid appearing in court.

2. Section 205 CrPC: Magistrate May Dispense with Personal Attendance

Discretionary Power: This section allows a magistrate to dispense with the personal attendance of a witness under certain conditions. However, if the magistrate has dispensed with personal attendance and the witness still fails to comply with court orders, the court may decide to issue an NBW to secure the witness's presence.
Failure to Comply: If a witness is required to appear but does not do so without sufficient cause, an NBW may be issued to compel their attendance.

3. Section 244 CrPC: Evidence for Prosecution

Recording of Evidence: In a trial before a magistrate, when the evidence of the prosecution is being recorded, if a material witness fails to appear despite being summoned, the court may issue an NBW to ensure their attendance.
Importance of Testimony: The court may issue an NBW when the witness's testimony is crucial to the prosecution's case, and their absence could delay or impair the trial.

4. Section 311 CrPC: Power to Summon Material Witness

Summoning Witnesses: This section grants the court the authority to summon any person as a witness or recall and re-examine any person already examined if it is essential to the just decision of the case.
Compelling Attendance: If such a witness, once summoned, fails to appear, the court may issue an NBW to secure their presence in court.

5. Section 350 CrPC: Summary Procedure for Punishment for Non-Attendance by a Witness

Punishment for Non-Attendance: This section provides for summary punishment of a witness who, without just excuse, fails to attend or remain in attendance in obedience to a summons or warrant. While this section primarily deals with punishment, an NBW may be issued to bring the witness before the court for such proceedings.
Enforcement: If a witness’s absence constitutes contempt of court, the issuance of an NBW can be a method to enforce compliance.

6. Section 353 CrPC: Evidence to be Taken in Presence of Accused

Presence of Witnesses: During the trial, the presence of witnesses is crucial for the examination and cross-examination of evidence. If a witness, after being summoned, does not appear, an NBW may be issued to ensure their attendance, thereby facilitating the trial process.

Judicial Guidelines and Considerations

Judicial Discretion: Courts are generally cautious in issuing NBWs and typically consider whether the witness is deliberately avoiding court proceedings, the importance of their testimony, and the impact of their absence on the trial.
Exceptional Circumstances: An NBW is usually issued against a witness only in exceptional circumstances where the court believes that the witness’s presence cannot be secured by any other means.

The issuance of a Non-Bailable Warrant against a witness is governed by several provisions under the CrPC. These provisions empower the court to ensure the presence of a witness who is crucial to the case and who has failed to comply with the court’s orders. The use of an NBW is typically reserved for situations where the witness's absence could significantly impact the administration of justice.

When is an NBW Issued Against a Witness?

A Non-Bailable Warrant (NBW) against a witness is issued by the court in specific circumstances to compel the witness's attendance when they have failed to comply with legal obligations or are deliberately avoiding court proceedings. Here are the key situations when an NBW may be issued against a witness:

1. Failure to Appear Despite Summons

Repeated Non-Appearance: If a witness has been summoned by the court under Section 61 of the CrPC and fails to appear without providing a valid reason, the court may consider issuing an NBW. This is particularly the case when the witness's testimony is crucial to the case.
Ignoring Multiple Summonses: When a witness disregards multiple summonses, it indicates a lack of intention to cooperate with the legal process, prompting the court to issue an NBW to ensure their attendance.

2. Deliberate Evasion of Court Proceedings

Evasion and Absconding: If there is evidence that the witness is intentionally evading court proceedings or is likely to abscond, the court may issue an NBW to prevent the witness from avoiding their legal responsibilities.
Avoidance of Legal Obligations: When a witness deliberately avoids participating in the judicial process despite knowing their obligations, an NBW can be issued to enforce compliance.

3. Witness is Critical to the Case

Material Witness: If the witness's testimony is critical to the outcome of the trial, and their absence would hinder the administration of justice, the court may issue an NBW to ensure that the witness is present to give evidence.
Key Evidence: In cases where the witness holds key evidence or information that is essential for the case, the court may take the step of issuing an NBW to secure their presence.

4. Threat to the Judicial Process

Contempt of Court: When a witness’s failure to appear is seen as a willful act of contempt of court, the court may issue an NBW to uphold the authority of the legal system.
Risk of Obstruction of Justice: If the witness’s non-compliance is perceived as a potential obstruction to justice, an NBW may be issued to mitigate this risk.

5. Witness Disregards Other Court Orders

Ignoring Bail Conditions: If a witness was previously granted bail with the condition of appearing in court and then fails to do so, an NBW may be issued to ensure their presence.
Non-Compliance with Court Directions: Any other form of non-compliance with court orders by the witness can lead to the issuance of an NBW as a corrective measure.

Legal and Practical Implications

When a Non-Bailable Warrant (NBW) is issued against a witness, it has several legal implications. These implications affect the witness's rights, responsibilities, and legal standing. Here’s a detailed overview:

Legal Implications for the Witness

1. Arrest and Custody

Immediate Arrest: An NBW authorizes law enforcement officers to arrest the witness immediately. Unlike a bailable warrant, the witness cannot be released on bail at the police station and must be produced before the court.
Detention: The witness may be detained until they are brought before the court, where the judge will then decide on their release or further action.

2. Court Appearance

Compelled Attendance: The primary purpose of an NBW is to compel the witness’s attendance in court. The witness must appear before the court as directed by the warrant.
Impact on Case: Failure to appear despite an NBW can delay the proceedings and potentially affect the outcome of the case.

3. Contempt of Court

Legal Consequences: Failure to comply with an NBW may be considered contempt of court. The court may impose penalties or take additional legal action against the witness for obstructing justice.
Fines and Punishments: The court may impose fines or other punishments for non-compliance, depending on the severity and impact of the witness’s absence.

4. Bail Application

No Immediate Bail: Unlike a bailable warrant, an NBW does not allow the witness to be released on bail by the police. The witness must appear before the court to apply for bail.
Court’s Discretion: The court will decide whether to grant bail based on the witness's reasons for non-compliance and the overall impact on the case.

5. Legal Defense and Justifications

Opportunity to Justify: Once the witness is produced before the court, they will have an opportunity to provide reasons for their previous non-appearance. If the court finds the justification satisfactory, it may take a lenient approach.
Impact on Credibility: Non-compliance with an NBW can affect the witness’s credibility and may influence the court’s perception of their reliability and cooperation.

6. Repercussions for Non-Compliance

Further Legal Actions: Continued non-compliance may lead to further legal actions, including additional warrants or charges for contempt of court.
Impact on Legal Proceedings: The witness’s failure to appear can delay legal proceedings, impact the case’s progress, and potentially harm the party whose case relies on the witness’s testimony.

7. Potential for Future Proceedings

Subsequent Warrants: If the witness continues to evade court, additional warrants or legal measures may be issued to ensure their presence.
Legal Record: Non-compliance with an NBW becomes part of the legal record, which could impact the witness’s future legal standing or involvement in other legal matters.

The issuance of a Non-Bailable Warrant against a witness carries significant legal implications, including arrest, compulsory court appearance, potential fines, and impacts on legal proceedings. The witness must comply with the warrant to avoid legal penalties and to fulfill their role in the judicial process.

Non Bailable Arrest Warrant

A Non-Bailable Arrest Warrant is a type of warrant issued by a court to secure the arrest of an individual who is accused of a serious offense or has failed to comply with court orders. Here’s a comprehensive overview of a Non-Bailable Arrest Warrant:

Definition and Purpose

Non-Bailable Arrest Warrant: This is a judicial order issued to arrest an accused person who cannot obtain bail from the police. It is typically issued for individuals accused of serious offenses or who have repeatedly failed to appear in court as required.

Key Provisions Under the Code of Criminal Procedure (CrPC)

Under the Code of Criminal Procedure (CrPC), 1973, the provisions related to Non-Bailable Arrest Warrants are primarily outlined in the following sections:

1. Section 70 CrPC: Issuance of Warrant

Authority to Issue Warrant: Section 70 of the CrPC empowers a magistrate to issue a warrant for the arrest of a person who is accused of a crime or is required to appear before the court.
Non-Bailable Warrant: If the offense is serious, or if the accused has failed to comply with a bailable warrant, a non-bailable warrant may be issued. This section does not specifically mention "non-bailable," but it provides the general authority for issuing arrest warrants.

2. Section 71 CrPC: Form of Warrant

Warrant Form: This section prescribes the form of the arrest warrant. A non-bailable warrant is essentially a type of arrest warrant that does not provide the option for bail by the police, meaning the accused must be brought before the court.

3. Section 73 CrPC: Proclamation and Attachment of Property

Proclamation: If an accused person fails to appear despite being issued a warrant, the court may issue a proclamation to declare the person as absconding.
Attachment: If the accused remains absconding, the court can order the attachment of their property in addition to issuing a non-bailable arrest warrant.

4. Section 82 CrPC: Proclamation of Absconder

Absconder Declaration: This section allows the court to issue a proclamation declaring a person an absconder if they do not appear despite being summoned or having an arrest warrant issued.
Non-Bailable Arrest Warrant: After declaring the accused an absconder, a non-bailable arrest warrant can be issued to compel their appearance.

5. Section 83 CrPC: Attachment of Property

Attachment of Property: When an accused person is absconding, the court can issue a warrant for the attachment of their property as a measure to secure their appearance and enforce compliance with the court's orders.

Application and Procedure

Issuance: A non-bailable arrest warrant is usually issued by the court when the accused has failed to comply with a bailable warrant or when the nature of the offense is such that bail is not an option. The court decides on the issuance based on the seriousness of the offense and the accused’s history.
Execution: Law enforcement officers are tasked with executing the warrant. The accused must be brought before the court. They cannot be granted bail by the police and must apply for bail in court.
Court Proceedings: After the arrest, the court will decide whether to grant bail, based on factors like the severity of the offense, the accused’s criminal record, and their reasons for non-compliance.

Legal Implications

Immediate Arrest: The accused is arrested immediately upon execution of the non-bailable arrest warrant. The bail process cannot be handled by the police and must be addressed in court.
Impact on Legal Process: The issuance of an NBW can affect the progression of legal proceedings, potentially causing delays and influencing the court's decisions regarding the case.
Enforcement: The primary purpose of an NBW is to ensure that the accused appears in court and faces the charges against them.

The CrPC provides a framework for issuing non-bailable arrest warrants to ensure that individuals accused of serious offenses or who are evading the legal process are brought before the court. These provisions aim to uphold the integrity of the judicial system by enforcing compliance with court orders and ensuring that accused persons face legal proceedings.

Key Characteristics of a Non-Bailable Arrest Warrant

Serious Offenses: Typically issued for serious offenses where the accused is unlikely to be granted bail due to the nature of the crime. Examples include murder, rape, and large-scale fraud.
Court’s Discretion: The decision to issue an NBW is at the discretion of the court, based on the circumstances of the case and the accused’s history of compliance with court orders.

Process and Procedure

Issuance:

Application by Prosecution: The prosecution or investigating officer may request the issuance of an NBW if the accused fails to appear in court or is evading arrest.
Judicial Order: The court reviews the request and, if satisfied, issues the NBW.

Execution:

Law Enforcement: Police officers are authorized to execute the warrant and arrest the accused. The accused must be brought before the court as soon as possible.
No Bail from Police: The accused cannot be granted bail by the police; they must apply for bail in court.

Court Proceedings:

Hearing: Once arrested, the accused appears before the court, which will then determine the next steps, including the possibility of granting bail based on the case’s specifics.
Legal Representation: The accused has the right to legal representation and can challenge the warrant or the charges in court.

Legal Implications

Immediate Arrest: The issuance of an NBW results in the immediate arrest of the accused by law enforcement officers.
Impact on Legal Proceedings: The failure to appear or comply with previous court orders often affects the accused’s case, leading to potential additional charges or penalties.
Bail Application: Upon arrest, the accused must apply for bail in court. The court will consider factors such as the nature of the offense, the accused’s criminal history, and their reasons for non-compliance.

A Non-Bailable Arrest Warrant is a serious legal instrument used to compel the arrest of individuals accused of serious offenses or who are evading justice. It is issued under the CrPC and reflects the court's determination that the accused is unlikely to be granted bail due to the nature of the case or their previous behavior. The process ensures that the accused faces legal consequences and is brought before the court for further proceedings.

Key Sections in CrPC, 1973 Related to NBW

1. Section 436 CrPC: Bail in Bailable Offenses

Bailable Offenses: Section 436 provides that bail must be granted to an accused person who is arrested for a bailable offense. A bailable offense is one where the law allows the accused to be released on bail as a right.
Automatic Bail: In cases of bailable offenses, the accused is entitled to be released on bail. The police must grant bail if the accused provides a surety or personal bond.
Conditions: The section mandates that the accused must be released on bail without any conditions, except for the requirement to appear in court.

2. Section 437 CrPC: Bail in Non-Bailable Offenses

Non-Bailable Offenses: Section 437 outlines the conditions under which bail can be granted for non-bailable offenses. Unlike bailable offenses, the grant of bail is not an automatic right but is subject to the court's discretion.

Conditions for Granting Bail:

Court's Discretion: The court has the authority to grant bail after considering the nature and seriousness of the offense, the likelihood of the accused fleeing, and the possibility of tampering with evidence or influencing witnesses.
Grounds for Denial: Bail may be refused if there are reasonable grounds to believe that the accused is guilty of a serious offense or if there is a risk that they might commit further offenses.

3. Section 438 CrPC: Anticipatory Bail

Anticipatory Bail: Section 438 provides for anticipatory bail, which is a bail granted in anticipation of arrest. This is applicable when a person anticipates that they may be arrested for a non-bailable offense.

Application:

Pre-Arrest Bail: The accused can apply for anticipatory bail before arrest, seeking protection against being detained. This application is typically made when the individual has reason to believe that they will be arrested based on a false or baseless accusation.
Court's Discretion: The court will consider factors such as the nature of the offense, the possibility of arrest, and the applicant's likelihood of evading the law before granting anticipatory bail.

4. Section 439 CrPC: Bail by High Court and Court of Sessions

High Court and Sessions Court: Section 439 empowers the High Court and the Court of Sessions to grant bail in non-bailable offenses. This section applies when the accused seeks bail from higher courts, usually after being denied by the lower courts.

Authority:

Granting Bail: Both courts have the authority to grant or reject bail applications based on the seriousness of the offense, the nature of evidence, and the likelihood of the accused influencing the investigation.
Conditions: The courts may impose conditions on the grant of bail, such as reporting to the police station, providing sureties, or restrictions on travel.

Summary

Section 436 ensures the right to bail in bailable offenses.
Section 437 allows for bail in non-bailable offenses under judicial discretion.
Section 438 provides the provision for anticipatory bail before arrest.
Section 439 grants powers to the High Court and Court of Sessions to handle bail applications for non-bailable offenses.

These sections collectively establish the framework for granting bail and ensuring the rights of accused persons while balancing the need for justice and security.

The process and considerations for bail in non-bailable offenses are designed to balance the rights of the accused with the interests of society and the integrity of the judicial process.

Cancellation of Non Bailable Warrant in Absence of Accused

Cancellation of a Non-Bailable Warrant (NBW) in the absence of the accused involves specific legal procedures and conditions. Here's an overview of how this process typically works:

Cancellation of Non-Bailable Warrant

1. Grounds for Cancellation

An NBW may be canceled if the accused provides valid reasons for their absence or if certain conditions are met. Common grounds for cancellation include:

Proof of Compliance: If the accused was unable to appear due to unavoidable circumstances, such as illness or an emergency, and can provide evidence to justify their absence.
Surrender: If the accused voluntarily surrenders themselves before the court, demonstrating their willingness to comply with the legal process.
Legal Representation: If the accused has a valid reason for non-appearance and provides a compelling argument through their legal representative, the court may consider canceling the warrant.

2. Procedure for Cancellation

Filing an Application:

Application by the Accused: The accused, or their legal representative, must file an application with the court requesting the cancellation of the NBW. This application should detail the reasons for the accused's absence and include any supporting evidence that justifies why the NBW should be canceled.
Application by the Legal Representative: If the accused is unable to file the application personally, their lawyer can submit the application on their behalf.

Court Hearing for Cancellation of Non-Bailable Warrant (NBW)

Submission of Evidence

The applicant must present evidence or documentation to support their reasons for not appearing in court. This can include medical reports, affidavits, or other relevant documents that justify their absence.

Arguments

The applicant or their legal representative will make arguments to persuade the court to cancel the NBW. This involves explaining the circumstances of the absence and demonstrating that it was not intentional.

Court's Decision

Review

The court will review the application and the evidence presented, taking into account factors such as the seriousness of the offense, the reasons for the absence, and the accused's history of compliance.

Cancellation or Continuation

The court may decide to cancel the NBW if it finds the reasons for non-appearance satisfactory. If the reasons are deemed insufficient, the court may choose to continue with the warrant and take further action.

Post-Cancellation Procedure

Notice to Authorities

If the NBW is canceled, the court will notify law enforcement authorities to cease any actions related to the arrest warrant.

Further Proceedings

The accused will be required to attend future court proceedings as directed by the court. The court may set a new date for their appearance.

Legal Implications

Impact on the Case

Delay in Proceedings

The cancellation of an NBW may result in a delay in the legal proceedings. However, it allows the accused to participate in the trial or hearings, ensuring their presence for subsequent court actions.

Restoration of Legal Standing

Canceling the NBW restores the accused’s standing in the case, allowing them to continue their defense or comply with court orders. This reinstatement is crucial for ensuring that the accused can actively engage in their legal proceedings.

Consequences of Non-Compliance

Further Action

If the accused fails to appear in court even after the NBW is canceled, the court may issue additional warrants or take other legal actions to compel attendance.

Legal Record

The cancellation of the NBW and the reasons for it become part of the legal record. This record may influence future proceedings or legal actions, potentially impacting the accused’s standing in subsequent cases.

The cancellation of a Non-Bailable Warrant in the absence of the accused involves filing a formal application, presenting valid reasons and evidence, and undergoing a court hearing. The court's decision will depend on the nature of the reasons provided and the overall context of the case. If granted, the cancellation allows the accused to address the charges and participate in the legal process.

Procedure After Non bailable Warrant

After a Non-Bailable Warrant (NBW) is issued, there are specific procedures and steps that follow to ensure compliance and advance the legal process. Here's an overview of the procedure:

Procedure After Issuance of Non-Bailable Warrant

1. Execution of the Warrant

Law Enforcement Action: The NBW is typically executed by law enforcement officers. They are responsible for arresting the accused and bringing them before the court.
Immediate Arrest: Unlike bailable warrants, the accused cannot be released on bail by the police; they must be produced before the court.

2. Appearance Before the Court

Court Hearing: Once the accused is arrested, they are brought before the court that issued the NBW. The court will then address the next steps in the case.
Legal Representation: The accused has the right to be represented by a lawyer, who can argue for bail or present any justifications for the absence or non-compliance.

3. Bail Application

Application for Bail: After arrest, the accused can apply for bail in court. The court will consider the seriousness of the offense, the accused's criminal history, and the circumstances of their non-compliance before deciding on the bail application.
Court’s Discretion: The court may grant or deny bail based on these factors. If bail is granted, conditions may be imposed, such as reporting to the police station or not tampering with evidence.

4. Legal Proceedings

Resumption of Case: The case will proceed according to the legal process, including hearings, presentation of evidence, and arguments by both parties.
Impact on Proceedings: The issuance of an NBW can delay proceedings. The court will ensure that the accused is given a fair opportunity to participate in the legal process.

5. Addressing Non-Compliance

Further Action: If the accused continues to evade court appearances or fails to comply with the court's orders, additional legal actions may be taken, including the issuance of further warrants or charges for contempt of court.
Legal Consequences: Continued non-compliance can result in harsher penalties, additional charges, or further restrictions imposed by the court.

6. Cancellation or Modification

Application for Cancellation: The accused or their lawyer may file an application to cancel the NBW, providing valid reasons for the absence and evidence supporting their case.
Court’s Decision: The court will review the application and decide whether to cancel, modify, or uphold the NBW. If canceled, the accused will be required to comply with future court orders.

7. Post-Arrest Procedure

Release Conditions: If the accused is granted bail, they must comply with any conditions set by the court. Failure to adhere to these conditions can result in the revocation of bail and further legal consequences.
Court Dates: The court will schedule future hearings or dates for the accused to appear. The accused must attend these proceedings to avoid further legal trouble.

The procedure following the issuance of a Non-Bailable Warrant involves immediate arrest, court appearance, application for bail, and progression of legal proceedings. The accused must comply with court orders and conditions to ensure their case proceeds without further complications. Non-compliance may lead to additional legal actions and penalties.

Non Bailable Warrant in Cheque Bounce Case in India

A Non-Bailable Warrant (NBW) in a cheque bounce case in India is a serious legal instrument issued by a court when the accused fails to appear despite repeated summons or bailable warrants. Here's a detailed explanation:

1. Legal Framework

The cheque bounce case falls under Section 138 of the Negotiable Instruments Act, 1881. This law provides a remedy to the payee (the person to whom the cheque is issued) when a cheque is dishonored due to insufficient funds or any other reason.

2. Process Leading to NBW

Cheque Dishonor: When a cheque is dishonored, the payee must send a legal notice to the drawer (the person who issued the cheque) within 30 days of receiving the dishonor memo from the bank, demanding payment within 15 days.
Filing of Complaint: If the drawer fails to make the payment within the stipulated time, the payee can file a complaint in the Magistrate's Court within 30 days.
Issuance of Summons: The court then issues a summons to the accused to appear in court.
Failure to Appear: If the accused does not appear despite the summons, the court may issue a bailable warrant.
Issuance of Non-Bailable Warrant: If the accused still does not appear, the court may issue a Non-Bailable Warrant (NBW). This warrant authorizes the police to arrest the accused and bring them before the court. Unlike a bailable warrant, the accused cannot secure bail as a matter of right and must seek the court's discretion for bail.

3. Consequences of NBW

Arrest: The accused can be arrested and produced in court.
Judicial Custody: Upon arrest, the accused may be remanded to judicial custody.
Complications in Bail: Securing bail after an NBW is issued can be challenging, as the court may consider the accused's failure to appear as a factor against granting bail.

4. Remedies for the Accused

Appearance in Court: The accused can voluntarily appear before the court and file an application to recall the NBW.
Anticipatory Bail: If the accused anticipates the issuance of an NBW, they can file an anticipatory bail application under Section 438 of the Code of Criminal Procedure, 1973, before the warrant is issued.
Compliance with Court Orders: Ensuring compliance with court summons and warrants is crucial to avoid the issuance of an NBW.

An NBW in a cheque bounce case is a significant step taken by the court to ensure the presence of the accused in legal proceedings. It underscores the seriousness of cheque dishonor cases and the importance of compliance with court orders. Legal advice and prompt action are essential for the accused to navigate this situation effectively.

Non Bailable Warrant Bail Application Format

Below is a general format for a bail application in the case of a non-bailable warrant in India. It's important to consult with a legal professional to tailor the application to the specifics of the case and ensure that it meets all legal requirements.

IN THE COURT OF [COURT NAME]
AT [LOCATION]
CRIMINAL MISC. BAIL APPLICATION NO. ______ OF [YEAR]
In the matter of:
[Applicant's Name],
S/o or D/o [Father's/Mother's Name],
Residing at [Complete Address],
(Applicant)
Versus
State of [State Name],

Through its Public Prosecutor,

(Respondent)

APPLICATION UNDER SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE, 1973 FOR GRANT OF BAIL IN CONNECTION WITH [CASE NUMBER] FOR THE OFFENCE U/S [RELEVANT SECTION(S)] OF [ACT NAME].

MOST RESPECTFULLY SHOWETH:

That the applicant has been booked under Section(s) [Mention Sections] of [Act Name] in Case No. [Case Number], which is pending before this Honorable Court.

That a non-bailable warrant was issued against the applicant by this Honorable Court on [Date of Issue], due to [Reason for Issuance of NBW].

That the applicant is a law-abiding citizen and has deep roots in the community, including [Mention any relevant factors such as family, employment, property ownership, etc.].

That the applicant has a fixed place of residence at the address mentioned above and has no intentions of evading the process of law.

That the applicant undertakes to appear before this Honorable Court on all dates fixed for hearing and abide by any conditions imposed by this Honorable Court.

That the applicant has not been previously convicted of any offence [or state any previous convictions briefly if applicable].

That the applicant is ready and willing to furnish bail as may be fixed by this Honorable Court.

That the applicant has [Mention any compelling circumstances like health issues, family dependents, etc.].

PRAYER:

It is, therefore, most respectfully prayed that this Honorable Court may be pleased to:

a) Grant bail to the applicant in connection with Case No. [Case Number] for the offence u/s [Section(s)] of [Act Name].

b) Pass such other and further order(s) as this Honorable Court may deem fit and proper in the interest of justice.

AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.

Place: [Location]
Date: [Date]
[Signature of the Applicant]
[Name of the Applicant]
ADVOCATE FOR THE APPLICANT

VERIFICATION

I, [Applicant's Name], the applicant hereinabove named, do hereby verify that the contents of paragraphs 1 to 8 are true to my personal knowledge, no part of it is false, and nothing material has been concealed therefrom.

Verified at [Location] on this [Date] day of [Month], [Year].
[Signature of the Applicant]
[Name of the Applicant]

Note: This is a basic template and must be customized according to the specific facts of the case and legal requirements. Legal advice should be sought to ensure the application is appropriately drafted and filed.

Non Bailable Warrant Under Section 138 Format

A Non-Bailable Warrant (NBW) under Section 138 of the Negotiable Instruments Act, 1881, is typically issued by a Magistrate when the accused in a cheque bounce case fails to appear in court despite repeated summonses or bailable warrants. Below is a general format of an NBW under Section 138, though the actual format may vary slightly depending on the jurisdiction and specific circumstances:

IN THE COURT OF [NAME OF THE COURT]
[CITY/STATE]

Case No: [Case Number]
Complainant: [Name of the Complainant]
Versus
Accused: [Name of the Accused]

Under Section 138 of the Negotiable Instruments Act, 1881

Non-Bailable Warrant of Arrest

To
[Name of the Police Officer / Police Station]

Whereas [Name of the Accused], son/daughter of [Father's/Mother's Name], resident of [Address of the Accused], stands charged with the offense punishable under Section 138 of the Negotiable Instruments Act, 1881.

And whereas the said accused has failed to appear before this Court on [Date of Hearing] despite the issuance of summons/bailable warrant, and it has been made to appear to the Court that a warrant should now be issued to compel the appearance of the accused.

You are hereby directed to arrest the said [Name of the Accused] and produce him/her before this Court without unnecessary delay.

This warrant is issued under my hand and seal of this Court on this [Date] day of [Month], [Year].

Given under my hand and the seal of this Court.

Seal of the Court

[Signature of the Magistrate]
[Name of the Magistrate]
[Designation of the Magistrate]

Key Points to Note:

Issuance: The NBW is issued when the court is satisfied that the accused has deliberately avoided appearance despite previous notices.
Authority: The warrant is directed to a specific police officer or station responsible for executing it.
Compliance: The police are obligated to arrest the accused and present them before the court.
Judicial Discretion: The court may decide whether to grant bail once the accused is produced.

This format should be adapted according to the specifics of the case and local court practices. If you require an official format, consulting a legal professional or the court where the case is being heard would be advisable.

Please note that the actual format and content may vary based on local legal requirements and the specific instructions of the court. It's essential to consult with a legal professional or refer to the templates provided by the local court for the accurate and legally compliant format. This template is provided for informational purposes only and may require adjustments to meet specific legal standards.

Non bailable warrant cancellation application

A Non-Bailable Warrant (NBW) can be a serious issue, and if you want to cancel or recall it, you'll need to file an application before the court that issued the warrant. Below is a general format for an application to cancel a Non-Bailable Warrant under Section 138 of the Negotiable Instruments Act, 1881:

IN THE COURT OF [NAME OF THE COURT]
[CITY/STATE]

Case No: [Case Number]
Complainant: [Name of the Complainant]
Versus
Accused: [Name of the Accused]

Under Section 138 of the Negotiable Instruments Act, 1881

Application for Cancellation of Non-Bailable Warrant

Most Respectfully Showeth:

That the applicant/accused, [Name of the Accused], is a law-abiding citizen and has utmost respect for the judicial process.
That the applicant/accused is involved in the above-referenced case under Section 138 of the Negotiable Instruments Act, 1881, and is aware of the legal proceedings against him/her.
That the Hon'ble Court had issued a Non-Bailable Warrant against the applicant/accused on [Date of Issuance of NBW], due to non-appearance in court on [Date of Hearing].
That the non-appearance of the applicant/accused was neither deliberate nor intentional. The applicant/accused could not appear before the Hon'ble Court due to [mention the reason for non-appearance, e.g., medical emergency, unawareness of the court date, travel restrictions, etc.]. A copy of the [supporting document, if any, e.g., medical certificate, travel tickets, etc.] is attached herewith for the kind perusal of this Hon'ble Court.
That the applicant/accused is ready and willing to comply with all further orders of this Hon'ble Court and undertakes to be present on all future dates of hearing. The applicant/accused has no intention of evading the process of law and is fully committed to cooperating with the judicial process.
That in the interest of justice, the Non-Bailable Warrant issued against the applicant/accused may kindly be recalled/canceled, and the applicant/accused may be allowed to appear before this Hon'ble Court on the next date of hearing.

PRAYER:

It is, therefore, most respectfully prayed that this Hon'ble Court may kindly:

a) Cancel/Recall the Non-Bailable Warrant issued against the applicant/accused in the interest of justice; and

b) Grant any other relief that this Hon'ble Court deems fit and proper under the circumstances of the case.

Place: [City/State]
Date: [Date of Filing]

[Signature of the Applicant/Accused]
[Name of the Applicant/Accused]
[Address of the Applicant/Accused]

Through
[Name of the Advocate]
[Signature of the Advocate]
[Address of the Advocate]

Supporting Documents:

Medical Certificate, if applicable
Copy of the Summons or Previous Orders
Any other relevant documents

Important Notes:

Court Discretion: The cancellation of an NBW is at the discretion of the court, and the application should convincingly explain the reasons for non-appearance.
Personal Appearance: The accused might be required to appear in person while filing the application, so it is essential to be prepared for that.
Legal Representation: It's advisable to consult with or hire a lawyer to draft and file this application, as they can guide you through the process and improve your chances of success.

Make sure to tailor the application to your specific circumstances, as each case may require different details and justifications.

Tags:

AUTHOR: RABI KR. PANDIT

I'm Rabi, the founder, and a resident of Kolkata, India. Having graduated in History, Political Science, and English, I am currently a Law student who share a passion for making information freely available. Our platform offers an extensive library of articles on Indian Laws, Career, Business, Finance, Online Jobs, etc.

COMMENTS

FACEBOOK

BARRISTERY - An Educational Platform

Header$type=social_icons