What is NBW and how it is executed

751 votes

The full form of NBW is a non-bailable warrant. A non-bailable warrant (NBW) is a type of arrest warrant issued by a court against a person who is accused of committing a serious offence. They are issued when the court believes that the accused person may try to evade arrest, tamper with evidence, or pose a threat to public safety. These warrants can be executed across the country and can also be issued for reasons, such as failing to appear in court, violating bail conditions, or not responding to a summons.

As per Section 77 of the Code of Criminal Procedure, 1973, (CrPC) a warrant can be executed at any place in India. This means that the police officer can arrest the person against whom the warrant has been issued, even if the person is outside the local jurisdiction of the Court issuing the warrant.

Section 78 of the CrPC provides for the situation when a warrant needs to be executed outside the local jurisdiction of the Court issuing it. In such a case, the Court can forward the warrant by post or any other means to an Executive Magistrate or District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be executed. The Executive Magistrate or District Superintendent or Commissioner, in turn, can endorse his name on the warrant and execute it in the manner prescribed by law.

Section 79 of the CrPC deals with the execution of a warrant directed to a police officer outside the local jurisdiction of the Court issuing the warrant. In such a case, the police officer can take the warrant for endorsement either to an Executive Magistrate or a police officer not below the rank of an officer in charge of a police station within the local limits of whose jurisdiction the warrant is to be executed. The Magistrate or police officer can endorse his name on the warrant, which will serve as sufficient authority for the police officer to execute the warrant. However, if there is a reason to believe that the delay caused by obtaining the endorsement will prevent the execution of the warrant, the police officer can execute it without such endorsement.

Advocate Sudershani Ray LawRato

712 votes

NBW is non bailable warrant issued to arrest someone ,it is executed on arrest or when cancelled or call back by court order ,if you are outside then police will arrest or will submit waarant to your residing police station as mentioned in complaint ,still if not turned up then ,court will issue section 82 ,83 CR p c to upheld and attach your property movable first ,and would submit chargesheet showing absconder .....

LawRato LawRato