Introduction

A Non-Bailable Warrant (NBW) is one of the most serious types of warrants that may be issued by a criminal court. It authorizes the police to arrest a person and produce them before the court. Unlike a summons or a bailable warrant, an NBW is generally issued when the court believes that the person's appearance cannot be secured through ordinary legal processes or when the circumstances of the case require stricter action.

The issuance of a Non-Bailable Warrant does not mean that the accused has been found guilty. It is a procedural step taken by the court to ensure the proper administration of justice.

This guide explains the meaning of an NBW, when it may be issued, the legal procedure, consequences, and available remedies under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

What is a Non-Bailable Warrant (NBW)?

A Non-Bailable Warrant (NBW) is a written order issued by a competent court directing the police to arrest a person and produce them before the court.

Unlike a summons, which requests voluntary appearance, an NBW authorizes compulsory arrest when the court considers it legally necessary.

When Can a Court Issue an NBW?

A court may consider issuing a Non-Bailable Warrant in situations such as:

  • The accused repeatedly fails to appear before the court without sufficient reason.

  • The person deliberately avoids or absconds from legal proceedings.

  • A summons or bailable warrant has not been complied with.

  • The court believes that stronger legal measures are necessary to secure the person's presence.

  • The facts and circumstances of the case justify the issuance of an NBW.

The decision is made by the court based on the applicable law and the facts of the case.

Who Can Issue a Non-Bailable Warrant?

A competent Magistrate or Judge may issue a Non-Bailable Warrant in accordance with the provisions of the BNSS and other applicable laws.

The police cannot issue an NBW on their own.

What Happens After an NBW is Issued?

Once an NBW is issued:

  1. The warrant is sent to the police for execution.

  2. The police may arrest the person named in the warrant.

  3. The arrested person is produced before the competent court.

  4. The court considers the next legal steps, including custody or bail, where permissible.

Can Bail Be Granted After an NBW?

Yes.

The issuance of a Non-Bailable Warrant does not automatically prevent a person from applying for bail. The accused may apply for bail before the competent court, and the court decides the application based on:

  • Nature and seriousness of the offence.

  • Conduct of the accused.

  • Reason for non-appearance.

  • Stage of the case.

  • Other relevant legal considerations.

Grant of bail depends entirely on the court's discretion and the applicable law.

Can an NBW Be Cancelled?

Yes.

The accused may file an application before the competent court seeking:

  • Recall of the Non-Bailable Warrant.

  • Cancellation of the warrant.

  • Conversion of the NBW into a bailable warrant, where legally appropriate.

The court may grant relief if it is satisfied with the explanation and the circumstances of the case.

Difference Between Bailable Warrant and Non-Bailable Warrant

Basis Bailable Warrant Non-Bailable Warrant (NBW)
Nature Less stringent More stringent
Arrest May allow release on bail according to law Person is produced before the court after arrest
Purpose Secure appearance Compel appearance where other methods have failed or are inadequate
Issued By Competent Court Competent Court

Rights of a Person Arrested Under an NBW

A person arrested under a Non-Bailable Warrant has important legal rights, including:

  • Right to know the reason for the arrest.

  • Right to consult a lawyer.

  • Right to be produced before the competent court.

  • Right to apply for bail where legally permissible.

  • Protection against unlawful treatment and illegal detention.

RightToLaw Team
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RightToLaw Team

Legal Research Team

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Frequently Asked Questions

An NBW is a court order authorizing the police to arrest a person and produce them before the competent court.

Only a competent Magistrate or Judge may issue an NBW in accordance with the applicable law.

No. The police execute an NBW, but only a court can issue it.

A court may issue an NBW when a person repeatedly fails to appear, absconds, or when stronger legal measures are considered necessary.

Yes. Subject to the applicable law, the accused may apply for bail before the competent court.

Yes. The accused may apply before the competent court for recall or cancellation of the NBW, depending on the facts of the case.

No. An NBW is only a procedural order to secure the person's presence before the court and does not determine guilt.

You should immediately consult a qualified criminal lawyer and approach the competent court for appropriate legal relief.

A summons requests voluntary appearance before the court, whereas an NBW authorizes compulsory arrest if the court considers it necessary.

The issuance and execution of Non-Bailable Warrants are primarily governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, along with other applicable legal provisions.