How to Cancel Non-Bailable Warrant

The issuance of a non-bailable warrant (NBW) can be a distressing experience for any individual. A non-bailable warrant is a type of arrest warrant issued by a court that does not allow for bail to be granted. This legal instrument is generally issued in cases where the accused is likely to evade justice or is considered a threat to society. However, there are legal avenues available to cancel or quash such warrants. This article aims to provide a comprehensive guide on how to cancel a non-bailable warrant in India, discussing relevant laws, procedures, and practical tips.

Understanding Non-Bailable Warrants

Before delving into the cancellation process, it is essential to understand what a non-bailable warrant is and the circumstances under which it is issued.

What is a Non-Bailable Warrant?

A non-bailable warrant is issued by a magistrate or a judge when the accused fails to appear before the court after being summoned. It is generally issued in serious criminal cases, such as those involving offenses punishable by imprisonment of three years or more. The primary objective of an NBW is to ensure the presence of the accused in court proceedings.

Grounds for Issuing a Non-Bailable Warrant

• Failure to appear before the court despite repeated summons.
• Seriousness of the offense involved.
• Risk of the accused fleeing or tampering with evidence.
• Threat to public safety or the victim.

Legal Provisions Governing Non-Bailable Warrants

The primary legal provisions governing non-bailable warrants in India are found in the Code of Criminal Procedure, 1973 (CrPC). The relevant sections include:

Section 70 of the CrPC

This section empowers a magistrate to issue a warrant for the arrest of any person who fails to comply with a summons issued by the court. The warrant can be bailable or non-bailable, depending on the nature of the offense.

Section 437 of the CrPC

This section deals with the grant of bail in non-bailable offenses. It states that a person accused of a non-bailable offense may be released on bail only if the court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offense.

Section 482 of the CrPC

This section allows the High Court to exercise its inherent powers to prevent abuse of the process of any court or to secure the ends of justice. This provision can be invoked to quash a non-bailable warrant under certain circumstances.

Steps to Cancel a Non-Bailable Warrant

Canceling a non-bailable warrant involves a systematic process that must be followed to ensure the best chance of success. Below are the steps to be taken:

Step 1: Engage a Legal Practitioner

The first step in the process of canceling a non-bailable warrant is to engage a competent legal practitioner. An experienced advocate will be able to assess the situation, provide legal advice, and represent you in court effectively.

Step 2: File an Application for Cancellation

The next step is to file an application for the cancellation of the non-bailable warrant. This application should be submitted to the court that issued the warrant. The application must include:

• Details of the case and the warrant.
• Grounds for cancellation.
• Supporting documents, if any.

Step 3: Attend the Hearing

Once the application is filed, the court will schedule a hearing. It is crucial for the applicant to attend this hearing. The advocate will present arguments supporting the cancellation of the warrant, and the court will consider the merits of the application.

Step 4: Present Evidence

During the hearing, it is essential to present any evidence that may support the application for cancellation. This could include character certificates, proof of compliance with previous court orders, or any other relevant documentation.

Step 5: Await the Court's Decision

After hearing both sides, the court will make a decision regarding the cancellation of the non-bailable warrant. If the application is granted, the warrant will be canceled, and the applicant will be relieved from the burden of arrest.

Alternative Remedies

If the application for cancellation is denied, there are alternative remedies available:

Filing a Revision Petition

If the cancellation application is rejected, the aggrieved party can file a revision petition before the higher court. This petition should be filed within the stipulated time frame and must demonstrate why the lower court's decision was erroneous.

Quashing the Warrant

In certain cases, it may be possible to file a petition under Section 482 of the CrPC before the High Court to quash the non-bailable warrant. This is particularly applicable if the warrant is found to be issued without proper jurisdiction or if it violates the principles of natural justice.

Precautions to Avoid Non-Bailable Warrants

While it is essential to know how to cancel a non-bailable warrant, it is equally important to take precautions to avoid such a situation in the first place. Here are some tips:

• Always comply with court summons and orders.
• Maintain communication with your advocate about your case status.
• Keep your contact information updated with the court.
• Attend all scheduled court hearings.

FAQs

1. What is the difference between a bailable and a non-bailable warrant?

A bailable warrant allows the arrested person to apply for bail, while a non-bailable warrant does not permit bail unless specific conditions are met.

2. Can a non-bailable warrant be canceled after it has been issued?

Yes, a non-bailable warrant can be canceled by filing an application in the court that issued the warrant.

3. How long do I have to file for cancellation of a non-bailable warrant?

There is no specific time limit prescribed, but it is advisable to file the application as soon as possible to avoid arrest.

4. What documents are required to file for cancellation?

Documents may include the original warrant, any previous court orders, and supporting evidence that justifies the cancellation.

5. Is it mandatory to have a lawyer for this process?

While it is not mandatory, having a lawyer is highly recommended as they can navigate the legal complexities involved.

6. What happens if the court denies my application for cancellation?

If the application is denied, you can file a revision petition or seek to quash the warrant in a higher court.

7. Can I appeal against the issuance of a non-bailable warrant?

Yes, you can challenge the issuance of a non-bailable warrant by filing a petition in the appropriate higher court.

8. What are the consequences of not appearing in court after a non-bailable warrant is issued?

Failure to appear may result in further legal consequences, including additional charges or penalties.

9. Can a non-bailable warrant be issued for a civil case?

No, non-bailable warrants are typically issued in criminal cases, not civil cases.

10. What role does the High Court play in the cancellation of a non-bailable warrant?

The High Court can quash a non-bailable warrant if it finds that the warrant was issued without proper jurisdiction or in violation of legal principles.

Conclusion

Canceling a non-bailable warrant is a critical legal process that requires careful navigation of the law. By understanding the relevant legal provisions, following the correct procedures, and engaging a competent advocate, individuals can effectively address the challenges posed by a non-bailable warrant. It is essential to act promptly and responsibly to safeguard one’s rights and ensure compliance with the judicial system.