What to Do If You Receive a Non-Bailable Warrant in India?

Introduction

Receiving a non-bailable warrant (NBW) can be an alarming and serious legal situation in India. Unlike a bailable warrant, where the accused can secure bail as a matter of right, a non-bailable warrant means the accused must appear before the court and seek bail at the court’s discretion. If an individual receives an NBW, they must act swiftly and legally to avoid arrest and ensure a fair legal process. This article explains what a non-bailable warrant is, the legal remedies available, and the steps to take if you or someone you know has received one.

What Is a Non-Bailable Warrant?

Under Section 70 of the Code of Criminal Procedure, 1973 (CrPC), a warrant of arrest is issued by a court directing law enforcement officers to take an accused person into custody. If a court issues a non-bailable warrant, it means the accused cannot secure bail from the police and must appear before the court to seek bail.

Why Is a Non-Bailable Warrant Issued?

A court may issue a non-bailable warrant in the following situations:

1. Failure to Appear in Court – If an accused person has been summoned multiple times and fails to appear, the court may issue an NBW.
2. Serious Criminal Offenses – In cases involving serious offenses such as murder (Section 302 IPC), rape (Section 376 IPC), or financial fraud, courts may issue an NBW.
3. Threat to Justice – If the court believes that an accused may abscond, influence witnesses, or tamper with evidence, an NBW may be issued.
4. Police Investigation Requirement – In cases where police need to take an accused into custody for further investigation, they may request an NBW from the court.

What to Do If You Receive a Non-Bailable Warrant?

1. Do Not Panic, Seek Legal Help Immediately

If you or someone you know receives an NBW, the first and foremost step is to consult a qualified criminal lawyer. The lawyer will analyze the case details and determine the best course of action.

2. File an Application for Cancellation of the Warrant

• Under Section 70(2) of CrPC, an NBW remains in effect until it is executed or recalled by the court.
• The accused can file an application for cancellation of the warrant before the court that issued it, explaining the reasons for their non-appearance or any mitigating circumstances.
• The court may recall the NBW if it finds the explanation satisfactory and impose a fine or other conditions instead of arrest.

3. Apply for Anticipatory Bail

• If the offense is serious and the court refuses to recall the NBW, the accused may approach a Sessions Court or High Court under Section 438 of CrPC for anticipatory bail.
• If granted, this ensures that the accused cannot be arrested and will be released on conditions set by the court.

4. Surrender Before the Court and Apply for Bail

• If anticipatory bail is not granted, the accused must voluntarily surrender before the court and file a regular bail application under Section 437 or Section 439 of CrPC.
• Courts generally consider granting bail if the accused cooperates with the investigation and does not pose a flight risk.

5. Challenge the Warrant in Higher Courts

• If the trial court refuses to recall the NBW, the accused can challenge the order in the High Court or Supreme Court under writ jurisdiction (Article 226 or Article 32 of the Constitution of India).
• Courts have the power to quash or modify the warrant if it finds that the NBW was issued unfairly or unnecessarily.

Consequences of Ignoring a Non-Bailable Warrant

Failure to act on an NBW can have severe legal consequences, including:

• Immediate Arrest – Police have the authority to arrest the accused anywhere, anytime.
• Proclamation as an Absconder – Under Section 82 of CrPC, the court may declare the accused a proclaimed offender, leading to attachment of property.
• Impact on Future Legal Rights – A pending NBW can negatively affect passport renewals, government employment, and financial transactions.

Can a Non-Bailable Warrant Be Converted to a Bailable Warrant?

Yes, courts have discretionary powers to modify an NBW into a bailable warrant if they find that the accused is cooperating with legal proceedings or if the offense does not warrant stringent custody. This is usually done through a well-drafted application explaining the necessity of such relief.

Recent Supreme Court and High Court Observations on Non-Bailable Warrants

Indian courts have repeatedly emphasized that NBWs should be issued only in exceptional circumstances.

• In Inder Mohan Goswami v. State of Uttaranchal (2007), the Supreme Court held that “courts should avoid issuing NBWs mechanically and use them as a last resort.”
• In Vikas v. State of Rajasthan (2014), the Supreme Court ruled that trial courts must record reasons in writing before issuing an NBW.

A non-bailable warrant is a serious legal action that requires immediate attention. If you receive one, consult a lawyer without delay and take legal steps such as filing an application for cancellation of the warrant, seeking anticipatory bail, or surrendering before the court. Ignoring an NBW can result in severe consequences, including arrest and legal complications. A proactive approach with the right legal guidance can help navigate the situation effectively and protect one’s rights.