What is a non-bailable warrant and how is it executed?

An important factor when it comes to trails is an arrest warrant. It facilitates into ensuring the presence of the accused at the time of trial. We all have heard of this terminology often. So what exactly is a non-bailable warrant and how is it executed? Here is everything you need to know.

What is a warrant?

A Warrant can be described as an order issued by the court to either a police officer or any person addressing them to arrest the accused and produce them in front of the court. Section 70 of the Criminal Procedure Code states that all warrants are to be signed by the presiding officer of the court. A warrant unless canceled by the court remains in force. The magistrate issuing the warrant also needs to ensure that the age of the person is mentioned in the warrant who is to be detained.

Types of warrant

Although there is no express mention of the bifurcation in the law, there are generally two types of warrants.

1. Bailable Warrant- Section 71 states that the court while issuing the warrant in a way of an endorsement, direct the officer to release the arrested person from the custody after the accused produces a bond and enough sureties. Such warrant is a bailable warrant.
2. Non-Bailable Warrant- Any warrant which is not a bailable warrant is a non-bailable warrant. This also implies that if a warrant does not have an endorsement of bail, it can be termed as a non-bailable warrant.

A non-bailable warrant against the accused

If the court has sufficient reason to believe that if the accused if not kept in custody may harm someone, the court issues a non-bailable warrant. This is issued in the larger public interest as a non-bailable warrant curtails the basic freedom of an individual. Owing to this, the court issues a non-bailable warrant in extreme cases only.

A non-bailable warrant against the witness

The Hon’ble high court in the case of K. Srinivas v. State of A.P has held that a non-bailable arrest warrant cannot be issued against a witness. The court and law are not in favor of constraining the basic liberty and freedom of any person and hence not in favor of issuing a non-bailable warrant against the witness. The maximum punishment for missing the hearing for a witness is a fine up to INR.100.

How is a non-bailable warrant executed?

A non-bailable warrant is executed upon the arrest of the accused or when the court cancels it. In general practice, the court issues the summons for the accused to appear in front of the court. If the accused is still absconding, the court issues a bailable warrant. Even after this if the accused is absconding, a non-bailable warrant is issued at the police station where the accused is residing.

We hope this article sheds light on the non-bailable warrant for our readers. To know more about such legal terms sign up to EasyAdvocacy today. Also, like us on Facebook and follow us on Twitter, LinkedIn, and Google+.