WARRANTS : CANCELLATION OF NON BAILABLE WARRANT

Warrants: Cancellation of NBW

Whenever a person hears the word warrant or a warrant has been issued against him, fears come to his mind along with various questions. A warrant can be issued against such persons:-

• Who is an accused of an offence,

• Who is evading the process of law,

• In apprehension of absconding of accused,

• For an appearance before the Hon’ble Court,

• For appearance before the Police,

• To join the Investigation,

• To search a person and his location,

What is a warrant?

A warrant is a written statement that allows someone to do something, especially the person, which is signed by a judge or magistrate and gives power to that person to arrest someone. In other words, a warrant is an instrument issued by a court to demand an arrest, search of a person, search of a person’s location or an appearance before the Hon’ble court.

Who can issue a warrant?

A warrant is an authorisation which is either issued by a Judge, magistrate or competent officer.

Duration of a warrant?

A warrant remains in force until it is executed or until is executed by the court which issued it.

Kinds of Warrants :

1. Bailable Warrant: It is a type of warrant which is issued by a judge or magistrate through the SHO of the concerned police station of its jurisdiction. The main reason for issuing bailable warrant is to compel the accused or a person to appear before the Hon’ble court. It is bailable in nature that when these warrants are executed, the accused will be released on bail and not arrested. Conditions about the surety are already written in the order passed by the court.

2. Non-bailable Warrant: This is an arrest warrant which is issued by judge or magistrate through the SHO of the concerned police station of its jurisdiction. If a person is arrested in the execution of non-bailable warrants then the person shall apply for bail. The delhi high court in the case of FAHIM v. STATE held that the trial court cannot issue Non-bailable warrant in First call, except in case of genuine apprehension of absconding of accused.[1]

3. Arrest warrant: A judge or magistrate can issue an arrest warrant, but it must be accompanied by documentation that shows there is probable cause to believe the person or people named on the warrant committed the specific crime. A written order from a police officer to arrest an individual is known as an arrest warrant and it allows for the detention and arrest of a person.

4. Search Warrant: A search warrant is a warrant which is issued by the magistrate and allows the police officer to search a person, to search a property, to search a vehicle. If the police have a search warrant then the police do not require someone’s permission to search.

• Execution of Sentence Warrant: Issued to ensure the execution of a sentence, such as imprisonment, after an individual has been convicted and sentenced by a court.

• Contempt of Court Warrants: Issued when an individual disobeys a court order or behaves in a way that obstructs the functioning of the court.

There are two types of cases:

1. Warrant cases: warrant cases are those case which involves criminal offence with the death penalty, life imprisonment or imprisonment for a period exceeding two years.

2. Summon cases: Summon cases are those cases who do not fall in the category of warrant cases such as civil cases.

Summon Cases	Warrant Cases
These cases are less severe offences.	These cases are grave offences.
These cases have lower penalties eg. Fine	With the death penalty, life imprisonment or imprisonment for a period of exceeding two years
Summons are issued in summon cases.	Warrants are issued in warrant cases, such as, Bailable, non- bailable, search warrant etc.
Summon cases directly filed before the magistrate or police station	FIR registered in warrant cases by the Magistrate or Police officials.

When NBWs (Non-Bailable Warrants) are issued?[2]

1. NBWs should be issued to bring a person to court when a summon of bailable warrants would be unlikely to have the desired result.

2. When police authorities are unable to find.

3. When it is reasonable to believe that the person will not voluntarily appear in court.

4. When it is considered that the person could harm someone if not placed into custody immediately.

Whether NBW (Non-bailable Warrants) be cancelled?

Yes, NBW (Non-Bailable Warrant) can be cancelled.

Process of issuing of NBW :

First of all, a summons is to be issued to the accused person only after when the court believes the summons are duly received by the accused person and still, he is not appearing before the Hon’ble court.

Then the court will issue bailable warrants. When believes that the bailable warrants are duly received by the accused person and he is not appearing after receiving bailable warrants.

Then the court will issue NBW through the concerned SHO of the Police Station, magistrate directs the police to arrest the accused person and produce the accused person before the magistrate.

 

How NBW can be cancelled?

NBW may be cancelled or converted into bailable warrants, by moving an application on behalf of the accused through his counsel, before the Hon’ble Court. After the appear before the Hon’ble court, the court may cancel NBW against the accused.

Once the NBW is cancelled and the accused does not appear before the Hon’ble court as and when needed, then the court will again issue an NBW against the accused directly without issuing bailable warrants.

Purpose of issuing a warrant:

The purpose of issuance of warrants is a crucial step in maintaining the balance between law enforcement needs and protecting individual rights. Warrants are typically issued based on probable cause, which ensures that there is a reasonable basis to believe that a crime has been committed by the accused or that evidence related to a crime can be found at the specified location. The procedures for issuing warrants in India are governed by the Code of Criminal Procedure (CrPC).

Conclusion

In conclusion, warrants serve as crucial instruments in maintaining a balance between law enforcement necessities and protecting individual rights. From summoning individuals to court appearances, authorizing arrests, to allowing searches, warrants are issued with a foundation of probable cause. The cancellation of non-bailable warrants, a procedural mechanism, reflects the adaptability of legal processes. In essence, the issuance and cancellation of warrants underscore the commitment to justice, ensuring a fair and lawful legal system governed by established procedures outlined in the Code of Criminal Procedure.

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[1] FAHIM v. STATE (2023)

[2] Inder Mohan Goswami & Anr. V. State of Uttrakhand 2007