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Legal validity of a non bailable warrant as long as it is unexecuted
11-Feb-2023 (In Criminal Law)
An NBW will be alive, as long as it is remain unexecuted/un-recalled (or) time to time the magistrate has to extend its validity to make it remain alive. Please clarify.
Hello Sir,
If the accused not attend the Court as per the directions of the Court, then the court will NBWs, in such an event in general party approach the Advocate to file recall petition before the Magistrates Court and the Court in general recall the warrants. Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.
If the accused not attend the Court as per the directions of the Court, then the court will NBWs, in such an event in general party approach the Advocate to file recall petition before the Magistrates Court and the Court in general recall the warrants. Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.
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Adv. Geeta Tirandasu
Hyderabad | 100+ Answers
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Can non bailable warrant be Cancelled without presence of accused?
The law does not require that the accused be present to cancel a warrant. The learned magistrate must consider the merits of the application by the lawyer for cancellation of warrant without insisting on the appearance of the applicant/accused. 15-Apr-2023
What happens when a non bailable warrant is issued?
A non-bailable arrest warrant prevents the accused from being released on bail. They are instead arrested and held in jail until they appear in court or until further instructions from the court. 27-Jul-2023
What is a validity of a warrant?
The warrant must be accurate in describing the location suspected, the property that is allegedly hidden, and the person who is accused of being the owner of the suspected location.
How do I recall a non bailable warrant?
If the Non-Bailable Warrant is cancelled or converted to a Bailable Warrant/Summons, the Accused does not have to physically appear if the application for cancellation/conversion is made by the Accused prior execution of the Non-Bailable Warrant and the Accused agrees to show up at the next hearing date.
A non-bailable warrant (NBW) remains valid as long as it is unexecuted or unretracted. In legal terms, an NBW is an order issued by a court to law enforcement agencies to arrest a person and bring them before the court. Here's a summary of the key points regarding the validity of an NBW:
- Unexecuted NBW: As long as an NBW has not been executed (i.e., the person named in the warrant has not been arrested), it remains valid and in force. The validity does not expire automatically.
- Arrest and Presentation: The purpose of an NBW is to compel the person named in it to be arrested and presented before the court. Once the arrest is made, the NBW is considered executed.
- Retraction or Cancellation: In some cases, a court may retract or cancel an NBW if it deems it appropriate. This can happen for various reasons, such as if the accused appears in court voluntarily or if there are changes in the circumstances of the case.
- Duration: There is no specific time limit for the validity of an NBW as long as it remains unexecuted. It can continue to be in force until the person is arrested or until the court decides to retract it.
- Legal Consequences: If an accused person is aware of an NBW against them and fails to comply with it by not appearing in court or evading arrest, it can lead to legal consequences, including further charges and penalties.
- NBW Full Form: NBW stands for "Non-Bailable Warrant." It is a legal term used in court proceedings.
- Meaning in Court: In a court context, an NBW signifies a serious step taken by the court to ensure the presence of the accused in legal proceedings.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Unexecuted NBW : A NBW remains valid as long as it hasn't been executed, i.e. the person named on the warrant hasn't been arrested. Validity does not automatically expire.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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