Non-bailable warrants (NBWs) are one of the most serious legal instruments issued by Indian courts. Unlike bailable warrants, which allow the accused to seek bail as a matter of right, non-bailable warrants compel the arrest of an individual and place discretion in the hands of the court to grant bail. If you or someone you know is facing a non-bailable warrant, understanding its implications is crucial.
In this article, we’ll explore:
- What is a Non-Bailable Warrant?
- When is it issued?
- Legal procedure for execution
- Rights and remedies of the accused
- Key case laws on non-bailable warrants
- How to quash or cancel an NBW
What is a Non-Bailable Warrant?
A Non-Bailable Warrant is a judicial order issued by a magistrate or court that directs the police to arrest a person and produce them before the court. Unlike a bailable warrant, the arrested person does not have an automatic right to bail.
Relevant Provision: Section 70 to 81 of the Code of Criminal Procedure, 1973 (CrPC) governs the issuance, execution, and recall of warrants.
When Can a Court Issue a Non-Bailable Warrant?
A non-bailable warrant is issued when the court believes that a mere summons or bailable warrant will not suffice. Circumstances include:
- Repeated absence of the accused despite summons/bailable warrants.
- Grave offences (e.g. murder, rape, economic offences) where the accused poses a flight risk.
- Willful evasion of arrest or non-cooperation with investigation.
- Failure to appear after being released on bail.
- When the court needs custody of the accused for custodial interrogation or judicial proceedings.
Legal Procedure for Issuing and Executing NBWs
1. Judicial Discretion:
As per the Supreme Court in Inder Mohan Goswami v. State of Uttaranchal (2007), courts must apply judicial mind and avoid mechanical issuance of NBWs.
2. Police Authority:
Upon issuance, police are empowered under Section 70 CrPC to arrest the accused and produce them before the court.
3. Execution and Duration:
NBWs do not lapse unless recalled or executed. They remain in force until the person is arrested or the warrant is cancelled.
Remedies Available to the Accused
Being the subject of a non-bailable warrant is serious — but legal remedies are available, including:
1. Filing an Application for Recall of NBW:
The accused may approach the same court that issued the warrant with justifiable reasons for non-appearance.
2. Anticipatory Bail:
If NBW is issued before arrest, anticipatory bail under Section 438 CrPC can be sought before Sessions Court or High Court.
3. Quashing of NBW in High Court:
Under Section 482 CrPC, the High Court can exercise inherent powers to quash an NBW if it’s arbitrary or issued without due process.
Consequences of a Non-Bailable Warrant
Facing an NBW can lead to:
- Immediate arrest and detention.
- Ineligibility for bail without court discretion.
- Criminal record and stigma.
- Difficulties in travel (Lookout Circulars may follow).
- Attachment of property under Section 83 CrPC if the person is declared an absconder.
Key Judicial Pronouncements on NBWs
- Inder Mohan Goswami v. State of Uttaranchal (2007) 12 SCC 1
Held that issuance of NBWs should be an exception, not the rule. - State Through CBI v. Dawood Ibrahim Kaskar (1997) 6 SCC 59
NBWs can be issued to ensure presence in court where summons or bailable warrants fail. - Ravindra Saxena v. State of Rajasthan (2010) 1 SCC 684
Courts must give reasons for issuing NBWs.
Can Non-Bailable Warrants Be Cancelled?
Yes. The accused can approach the court with a cancellation application, usually under:
- Section 70(2) CrPC: Court may recall NBW upon sufficient cause shown.
- Section 482 CrPC: High Court’s inherent powers.
Court considers factors like:
- Nature of offence
- Reasons for non-appearance
- Whether accused is a flight risk
- Past conduct and compliance with court orders
Precautions to Avoid NBW
- Attend all court dates and cooperate with the investigation.
- Inform the court in advance if appearance is not possible.
- Appoint a competent lawyer for regular updates.
- Respond to summons or bailable warrants promptly.
Conclusion
A non-bailable warrant is not just a procedural tool — it’s a serious red flag in criminal proceedings. Whether you’re a lawyer representing an accused, a concerned family member, or the subject of the warrant, swift legal action is essential. The right legal strategy can help recall or cancel the warrant and protect the accused’s liberty.
Need Help with a Non-Bailable Warrant Case?
At Fastrack Legal Solutions, our experienced criminal lawyers provide strategic and result-driven representation in NBW matters across Delhi and beyond. Whether it’s seeking anticipatory bail, challenging wrongful issuance, or navigating trial proceedings — we’ve got your back.
📞 Call us now at [insert number]
🌐 Visit: www.fastracklegalsolutions.com
📍 Location: Malviya Nagar, Delhi
