We all have heard of the term warrant in a legal context when someone speaks about arresting a person for a crime. We vaguely understand that it is a legal tool for the law enforcement department to make sure that the accused is present for questioning or hearing. You may have many questions about what is a warrant, how is it issued and the difference between a bailable and a non-bailable warrant? Here is everything you need to know.
What is a Warrant?
A warrant is a legal document which is issued by the court to the police or another body authorizing them to take the following actions:-
- Arrest someone also known as an arrest warrant.
- Conduct search of some premises also known as a search warrant.
- Any other action ensuring administration of justice.
What is a bailable offence?
The offences as per the Indian Penal Code, 1860 are divided into two categories. Bailable offence and non-bailable offence.
The basic and most important difference between the two is that in case of a bailable offence, bail is a matter of right. The bail can be given by either the court or the police officer who has detained the accused. The accused in this case is released on bail after furnishing the bail bonds. He may or may not be required to give any sureties. The bail bond may also carry certain stipulations such as not leaving the jurisdiction upon which the bail is granted.
In case a person fails to comply with the conditions of the bail bond, the court has the power to reject or revoke bail even if the offence is bailable.
Being part of an unlawful assembly, bribery, false evidence during judicial proceedings are some of the examples of bailable offences.
What is a Bailable Warrant?
Section 71 of The Code of Criminal Procedure, 1973 provides for the issuance of a bailable warrant. It states that the court while issuing a warrant for the arrest of a person may in its discretion direct by endorsement on the warrant that, if such person is able to execute a bond with sufficient sureties for his attendance before the court, the officer can release such person from the custody after taking the security.
The endorsement shall state the following:
- The number of sureties.
- The amount in which sureties and the person arrested, are to be respectively bound.
- The time at which he is to attend before the court.
Difference between bailable and non-bailable warrant
As specified earlier, while bail is a matter of right in case of bailable offences, a non-bailable warrant is issued when someone is accused of a non-bailable offence. Offences such as rape, murder, and attempt to murder are considered as non-bailable offences. The bail in these cases is not a matter of right and the accused cannot be released upon surety or bail bonds.
The above explanation also clears that a person accused cannot be released on bail if the court has reasonable grounds to believe that the accused has committed a crime which is punishable by death or has committed a cognizable offence and has been convicted for an offence punishable by death in the past.
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