Apex Law Journal
Apex Law Journal
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Non-Bailable Warrant

Sunday, November 20, 2011
Non-Bailable Warrant

Non-Bailable Warrant — Following guidelines to be adopted in all cases where non-bailable warrants are issued by the Courts:


 (a) All the High Court shall ensure that the Subordinate Courts use printed and machine numbered Form No.2 for issuing warrant of arrest and each such formis duly accounted for;


 (b) Before authenticating, the court must ensure that complete particulars of the case are mentioned on the warrant;


 (c) The presiding Judge of the court (or responsible officer specially authorized for the purpose in case of High Courts) issuing the warrant should put his full and legible signatures on the process, also ensuring that Court seal bearing complete particulars of the Court is prominently endorsed thereon;


 (d) The Court must ensure that warrant is directed to a particular police officer (or authority) and, unless intended to be open-ended, it must be returnable whether executed or unexecuted, on or before the date specified therein;


 (e) Every Court must maintain a register (in the format given below), in which each warrant of arrest issued must be entered chronologically and the serial number of such entry reflected on the top right hand of the process;


 (f) No warrant of arrest shall be issued without being entered in the register mentioned above and the concerned court shall periodically check/monitor the same to confirm that every such process is always returned to the court with due report and placed on the record of the concerned case;


 (g) A register similar to the one in clause (e) supra shall be maintained at the concerned police station. The Station House Officer of the concerned Police Station shall ensure that each warrant of arrest issued by the Court, when received is duly entered in the said register and is formally entrusted to a responsible officer for execution;


 (h) Ordinarily, the Courts should not give a long time for return or execution of warrants, as experience has shown that warrants are prone to misuse if they remain in control of executing agencies for long;


 (i) On the date fixed for the return of the warrant, the Court must insist upon a compliance report on the action taken thereon by the Station House Officer of the concerned Police Station or the Officer In-charge of the concerned agency;


 (j) The report on such warrants must be clear, cogent and legible and duly forwarded by a superior police officer, so as to facilitate fixing of responsibility in case of misuse;


 (k) In the event of warrant for execution beyond jurisdiction of the Court issuing it, procedure laid down in Sections 78 and 79 of the Code must be strictly and scrupulously followed; and


 (l) In the event of cancellation of the arrest warrant by the Court, the order cancelling warrant shall be recorded in the case file and the register maintained. A copy thereof shall be sent to the concerned authority, requiring the process to be returned unexecuted forthwith. The date of receipt of the unexecuted warrant will be entered in the aforesaid registers. A copy of such order shall also be supplied to the accused.

Non-Bailable Warrant

Non-Bailable Warrant — Whether the Courts can at all issue a warrant, called a “non-bailable” warrant because no such terminology is found in the Code as well as in Form 2 of the Second Schedule to the Code? — Held, it is true that neither Section 70 nor Section 71, appearing in Chapter VI of the Code, enumerating the processes to compel appearance, as also Form 2 uses the expression like “non-bailable” but that does not mean the Court has no power to issue a non-bailable warrant — Criminal Procedure Code, 1973, Sections 70, 71 & Section 476 and Form No.2, Second Schedule.

Non-Bailable Warrant

Non-Bailable Warrant — Whether can be rendered bad in law since the expression “non-bailable”is nowhere used in Section 70 or 71 of the Code? — Held, no — Criminal Procedure Code, 1973, Sections 70 and 71.

Non-Bailable Warrant

Non-Bailable Warrant — Execution — Held, since the execution of a non-bailable warrant directly involves curtailment of liberty of a person, warrant of arrest cannot be issued mechanically, but only after recording satisfaction that in the facts and circumstances of the case, it is warranted — The Courts have to be extra-cautious and careful while directing issue of non-bailable warrant, else a wrongful detention would amount to denial of constitutional mandate envisaged in Article 21 of the Constitution of India — Constitution of India, 1950, Article 21.

Non-Bailable Warrant

Non-Bailable Warrant — Issuance of — Since discretion in this behalf is entrusted with the court, it is not advisable to lay down immutable formulae on the basis whereof discretion could be exercised — It is for the court concerned to assess the situation and exercise discretion judiciously, dispassionately and without prejudice.

Non-Bailable Warrant

Non-Bailable Warrant — Complaint against appellant , a practicing Advocate u/s 324 IPC — Appellant regularly attending the Court proceedings — Court, however, finding appellant absent on a particular date issued non-bailable warrant against him — Held, the attendance of the appellant could have been secured by issuing summons or at best by a bailable warrant — Issuance of non-bailable warrant was manifestly unjustified.

Non-Bailable Warrant

Non-Bailable Warrant — Whether can be issued? — Merely because Form No.2, issued under Section 476 of the Code, and set forth in the Second schedule, nowhere uses the expression bailable or non-bailable warrant, that does not prohibit the Courts from using the said word or expression while issuing the warrant or even to make endorsement to that effect on the warrant so issued — Any endorsement/variation, which is made on such warrant for the benefit of the person against whom the warrant is issued or the persons who are required to execute the warrant, would not render the warrant to be bad in law — Criminal Procedure Code, 1973, Section 476, Form No.2, Second Schedule.

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