HOW NON BAILABLE WARRANTS ARE ISSUED?
In India, non-bailable warrants (NBWs) are issued by a court of law when a person fails to comply with a court’s order or when the person is a suspect or accused in a criminal case and fails to appear before the court. NBWs are different from bailable warrants, which allow the accused to be released on bail upon their arrest. In this blog, we will discuss the process of issuing NBWs and the cases in which they are typically issued.
Process of Issuing Non-Bailable Warrants
The process of issuing an NBW begins with a complaint or petition filed before a court of law. The complaint or petition must contain a detailed account of the allegations against the accused or the person who has failed to comply with the court’s order. The court then examines the complaint or petition and determines whether an NBW is warranted.
If the court finds that an NBW is necessary, it issues the warrant to the police or other law enforcement agencies. The NBW authorizes the police to arrest the accused or the person who has failed to comply with the court’s order and bring them before the court. The police must then execute the warrant and produce the accused or the person before the court.
Cases in which Non-Bailable Warrants are Issued
Criminal Cases:
NBWs are typically issued in criminal cases where the accused has failed to appear before the court or has absconded. For example, if the police suspect that a person has committed a crime and they fail to appear before the court, the court may issue an NBW against that person.
Contempt of Court:
If a person fails to comply with a court’s order or disobeys the court’s instructions, the court may issue an NBW for contempt of court. This can include cases where a person fails to pay a fine, violates a court order, or interferes with the administration of justice.
Property Disputes:
NBWs may be issued in property disputes when a person fails to comply with a court order related to the possession or ownership of property.
Immigration Cases:
If a person violates immigration laws or fails to comply with immigration authorities, an NBW may be issued against that person.
Economic Offences:
NBWs may be issued in cases of economic offences such as fraud, money laundering, or tax evasion, where the accused fails to appear before the court or absconds.
Family Disputes:
In cases of family disputes, such as divorce or child custody, NBWs may be issued when a person fails to comply with the court’s order.
In conclusion, non-bailable warrants are issued in cases where a person fails to comply with a court’s order or is a suspect or accused in a criminal case. The process of issuing an NBW involves a detailed examination of the case by the court, and the warrant is executed by the police or other law enforcement agencies. If you receive an NBW, it is important to take it seriously and seek legal advice immediately.