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I am a witness of a case case NBW be issued if i don't attend hearings
15-Nov-2023 (In Criminal Law)
I am a witness of a case/ complainant of a case which happened 6 yrs back. I have attended court twice but as d judge n required ppl were not there i was asked to attend again. I missed the third session n now next month havr next session. They said a non bailable warrant will b isued if i dony attend. I stay in othet state now and i cant attend the court every time. Is there any way i can get out of this?
Dear Querist,
NBW is issued against a Witness only after several notices are sent to such Witness and if such notices for appearance in the Court are repeatedly ignored post which a BW is issued and when the Witness still does not heed to such BW, only then an NBW is issued. Thus Courts do exercise caution before issuing NBW's to Witness. In your query it is not clear whether you have received notices till now and whether you have failed to appear post such Notices and whether you were presented with a BW for appearance.
I am not certain with what you mean by "they will issue NBW" because it seems NBW has not yet been issued to you. Do enquire who has supplied you with this information, nowadays you also get to see the Case information online thus you can verify whether the Trial is really being scheduled at the proposed date.Hope you have the case number, name of the Prosecutor, Investigating Officer, etc. with you and if you dont have it please do request for this info. Dont forget to inform about your correspondance address or any updates related to it to the Court.
In case you have not received any official intimation to that effect you need not worry. However please note your appearance may be crucial for the trial and your testimony could be a matter of life and death for someone.
Do attend the trial if you are called upon by the Court and as your social responsibility. You may tell the Court your concern about the lingering testimony for years and your other commitments, possibly the Court may consider option to your convenience.
NBW is issued against a Witness only after several notices are sent to such Witness and if such notices for appearance in the Court are repeatedly ignored post which a BW is issued and when the Witness still does not heed to such BW, only then an NBW is issued. Thus Courts do exercise caution before issuing NBW's to Witness. In your query it is not clear whether you have received notices till now and whether you have failed to appear post such Notices and whether you were presented with a BW for appearance.
I am not certain with what you mean by "they will issue NBW" because it seems NBW has not yet been issued to you. Do enquire who has supplied you with this information, nowadays you also get to see the Case information online thus you can verify whether the Trial is really being scheduled at the proposed date.Hope you have the case number, name of the Prosecutor, Investigating Officer, etc. with you and if you dont have it please do request for this info. Dont forget to inform about your correspondance address or any updates related to it to the Court.
In case you have not received any official intimation to that effect you need not worry. However please note your appearance may be crucial for the trial and your testimony could be a matter of life and death for someone.
Do attend the trial if you are called upon by the Court and as your social responsibility. You may tell the Court your concern about the lingering testimony for years and your other commitments, possibly the Court may consider option to your convenience.
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Adv. Abhiraaj Sanjeev Kulkarni
Pune | 25+ Answers
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What is NBW and BW?
A NBW can only be issued after the Witness has been sent several notices. If the Witness ignores these notices, a BW will then be issued.
What is summons to an accused person?
A summon is a document that is issued by a court to direct a person to attend a hearing before a Magistrate or Judge. In accordance with section 205(1) CrPC issuing summons can allow the accused to appear via his pleader.
What happens if complainant does not appear in court in criminal case?
What will happen to me if a criminal charge is filed against my name and I do not appear in court despite being summoned several times? In such circumstances, the court can issue an arrest warrant. The court may also charge you with contempt of the court.
How do you handle Nbw?
If a NBW has been issued against you, leave your home immediately. You can be arrested or even put in judicial custody if you dont get bail. Then, through an attorney, apply for anticipatory bond with the court. Do not hesitate to hire a lawyer who will represent you at court.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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