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What to Do When a Non-Bailable Warrant (NBW) Is Issued? How to Recall or Cancel NBW?


03-Jun-2024 (In Criminal Law)
  1. What happens when a non-bailable warrant (NBW) is issued?
  2. What to do if a non-bailable warrant is issued?
  3. How to cancel or recall a non-bailable warrant?
  4. How to get bail in a non-bailable warrant case?
  5. Can an accused who is out on bail still get an NBW?
  6. How many exemption petitions (EP) can be filed?
Answers (5)

Answer #1
719 votes
If a non-bailable warrant (NBW) has been issued against you, here’s what you should do:

1. File an application to recall the NBW:
  • Under CrPC Section 70(2), an NBW can be recalled or cancelled by the court if a valid reason is provided.
  • The accused must personally appear in court to file this application.
2. Appear in court if required:
  • Courts may allow two exemption applications, but on the third hearing, personal appearance is usually mandatory.
  • Failure to appear may lead to cancellation of bail.
3. Medical exemption (if applicable):
  • If the accused is suffering from a serious or long-term illness, an application for permanent exemption can be filed.
  • A medical certificate must be submitted as proof.
4. Check the nature of the offense:
  • If bail has already been granted, the NBW can still be challenged or recalled.
  • If bail has not been obtained, the accused must apply for anticipatory bail or surrender and seek regular bail.
5. Consult a lawyer immediately.
  • Legal procedures for recalling or canceling an NBW require proper legal representation.
  • Seek expert advice to file a petition and ensure compliance with court requirements.
Key Takeaway: If an NBW is issued, act immediately by filing a recall application and appearing in court. Avoid repeated exemption petitions (EP) unless necessary, as the court may reject them after multiple filings.
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Advocate Ravindra Prasad

Adv. Ravindra Prasad

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Answer #2
807 votes
There is no fixed limitation on the number of exemption petitions (EP) that can be filed. However, the court has the discretion to allow or reject these petitions based on the case circumstances.
  • If an NBW is issued, the accused should immediately file an application to recall it.
  • Courts usually allow exemptions for genuine reasons, such as medical conditions or unavoidable circumstances.
  • However, if the court finds that the accused is deliberately avoiding proceedings, it may reject the exemption petition and enforce the NBW.
To avoid complications, it is advisable to attend court on essential dates, such as charge framing, evidence hearings, and final arguments.
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Advocate Shashikumar K

Adv. Shashikumar K

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Answer #3
917 votes
To recall a non-bailable warrant (NBW), follow these steps:

1. File an application for recall:
  • A recall petition should be submitted to the same court that issued the NBW.
  • The petition should explain valid reasons for non-appearance.
2. Personal appearance in court:
  • In most cases, the court requires the accused to be present while considering the recall petition.
3. Submission of supporting documents:
  • If the absence was due to a medical emergency, travel, or other unavoidable reasons, proof must be provided.
4. Get legal representation:
  • A criminal lawyer can present the case effectively and argue for NBW cancellation.
If the court is convinced that the absence was not intentional, it may recall or cancel the NBW. Otherwise, the accused may need to surrender and apply for bail.
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Advocate Sadanand Naik

Adv. Sadanand Naik

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Answer #4
563 votes
If an accused has already been granted bail, but a non-bailable warrant (NBW) is later issued, it is necessary to:
  • Check the reason for the NBW: It may have been issued due to non-appearance or a violation of bail conditions.
  • File a recall application under Section 70(2) CrPC to request cancellation.
  • Explain the reason for non-appearance (if applicable) to avoid bail cancellation.
  • Attend court as soon as possible to prevent stricter legal action.
If the accused deliberately avoids court hearings, the court can cancel the bail and order immediate arrest. Therefore, it is crucial to comply with bail conditions and appear as required.
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Advocate Siddartha S Ramachandra

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Answer #5
959 votes
If the accused’s address is correct and all details are properly mentioned in court records, then:
  • Filing multiple exemption petitions (EPs) repeatedly is unnecessary.
  • The accused should attend court on required dates rather than relying on multiple exemptions.
  • If an NBW is issued despite correct details, the accused should challenge its validity and request a recall.
In many cases, NBWs are issued due to improper execution of summons or procedural errors. In such situations, consulting a lawyer to rectify the mistake and recall the NBW is the best course of action.
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Advocate Sharanagouda S. Patil

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