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Accused is absconding and not cooperating with thepolice investigation


30-May-2025 (In Criminal Law)
Hello I have filed 69 BNS about 45 days ago and the accused is still absconding. His anticipatory bail got rejected. Should I hire a lawyer to issue non bailable warrant?
Answers (2)

Answer #1
914 votes
Yes, hiring a lawyer to issue a non bailable warrant is a viable and advisable step given the circumstance. The lawyer can navigate the legal process , ensuring that the legal appropriate actions are taken to compel the accused to appear before the court. A lawyer can file an application for NBW ( non bailable warrant) Assurance before the Magistrate. Proclamation under CrPC section 83 , BNS section 88 . Demand a written action plan from the Investigation Officer under CrPC section 154 (3). If police negligence continues , file a petition for transfer of Investigate to a senior officer. take action quickly , if you delay , your case will be week . Evidence maybe lost. and witnesses can turn hostile.
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Answer #2
679 votes
If the accused has been absconding for over 45 days and even his anticipatory bail has been rejected, the next legal step would typically be to request the Investigating Officer (I.O.) or through your lawyer to move the court for issuance of a Non-Bailable Warrant (NBW). While it's the police’s duty to take action, in practice, having a private advocate monitor the case often speeds things up. A lawyer can: File a petition or representation before the Magistrate, Push for NBW under Section 70 CrPC, And even seek proclamation under Section 82 CrPC if he continues to hide. So yes, hiring a lawyer is advisable at this point, it's not mandatory, but definitely helpful to ensure the process doesn’t stall.
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