NBW stands for Non-Bailable Warrant. It is a warrant issued by a court that directs law enforcement authorities to arrest a specific individual and produce them before the issuing court — with the important distinction that the arrested person cannot seek bail at the police station level. Bail in such cases can only be granted by the court itself.
A Non-Bailable Warrant is a serious judicial tool. It is issued when the court is satisfied that the accused or witness is deliberately evading the legal process, has failed to respond to summons, or is accused of a serious non-bailable offence.
Quick Overview of NBW
| Category | Details |
| Full Form | Non-Bailable Warrant |
| Issued By | Courts (Magistrates, Sessions Courts, High Courts) |
| Legal Authority (CrPC) | Section 73, Code of Criminal Procedure, 1973 |
| Legal Authority (BNSS) | Equivalent provisions under BNSS, 2023 |
| Effect | Police must arrest the person; no bail at police station |
| Bail After Arrest | Only the court that issued NBW can grant bail |
| When Issued | Non-compliance with summons, evasion, non-bailable offence accused |
| Difference from BW | Bailable Warrant allows police station bail; NBW does not |
| Consequences of Non-Compliance | Arrest, property attachment, contempt proceedings |
| Subject to | Judicial discretion — not issued arbitrarily |
When Does a Court Issue an NBW?
Courts issue Non-Bailable Warrants in specific circumstances:
1. Failure to Appear Despite Summons When a person repeatedly ignores court summons — whether as an accused or as a witness — the court may escalate from a summons to a bailable warrant and finally to an NBW.
2. Accused of a Non-Bailable Offence Who Is Evading Arrest When an accused in a serious criminal case (non-bailable offences include murder, rape, kidnapping, robbery) is deliberately avoiding arrest, the court issues an NBW to empower police to arrest without giving bail.
3. Escaped Convict or Proclaimed Offender Section 73 of CrPC (and its BNSS equivalent) specifically allows NBWs against escaped convicts and persons who have been declared proclaimed offenders.
4. Risk of Tampering or Obstruction When the court reasonably believes the person may tamper with evidence, intimidate witnesses, or otherwise obstruct justice, an NBW may be issued.
NBW vs. BW vs. Summons — Key Differences
| Feature | Summons | Bailable Warrant (BW) | Non-Bailable Warrant (NBW) |
| Nature | Direction to appear | Arrest warrant with bail option | Arrest warrant — no police bail |
| Bail at Police Station | Not applicable | Yes | No |
| Severity | Least serious | Moderate | Most serious |
| Issued When | Initial non-compliance | Summons ignored | Serious non-compliance/evasion |
| Bail After Arrest | Not applicable | Police station | Court only |
Rights of a Person Against Whom NBW Is Issued
Even when facing an NBW, an individual has legal rights:
- Right to be informed of the reason for arrest (Article 22, Constitution)
- Right to legal representation from the moment of arrest
- Right to approach the court that issued the NBW to seek bail or to have it set aside
- Right to challenge the NBW if it was issued illegally or without proper grounds
- Right to appear voluntarily before the court to avoid coercive arrest
If the NBW was issued due to a misunderstanding or administrative failure, an advocate can file an application to set aside the NBW upon showing cause for the non-appearance.
Consequences of Ignoring an NBW
Ignoring a Non-Bailable Warrant is legally dangerous:
- Immediate arrest — Police have full authority to arrest without further notice
- Property attachment — Under CrPC/BNSS, courts can order attachment of property of absconding persons
- Proclamation as absconder — Being declared a proclaimed offender under Section 82 CrPC
- Contempt of court — Deliberate disregard of a court’s warrant can attract contempt proceedings
Frequently Asked Questions (FAQs)
Q: What is the full form of NBW in law?
A: NBW stands for Non-Bailable Warrant — a court-issued arrest warrant where the arrested person cannot be released on bail at the police station; only the issuing court can grant bail.
Q: When is an NBW issued?
A: An NBW is issued when a person repeatedly fails to appear despite summons/bailable warrants, is accused of a serious non-bailable offence and evading arrest, or is an escaped convict or proclaimed offender.
Q: What is the difference between NBW and Bailable Warrant?
A: In a Bailable Warrant (BW), the police can release the arrested person on bail at the police station. In an NBW, the police cannot grant bail — only the court that issued the NBW can decide on bail.
Q: Can bail be granted in an NBW case?
A: Yes, but only by the court that issued the NBW, not at the police station level. The accused must be produced before that court, which will then decide on bail.
Q: Can an NBW be challenged?
A: Yes. An advocate can file an application before the issuing court to set aside the NBW, explaining the reasons for non-appearance and offering to comply with the court’s directions.
Q: What happens if someone ignores an NBW?
A: Ignoring an NBW can result in arrest, property attachment, being declared a proclaimed offender, and potential contempt of court proceedings.
Q: Can a court issue an NBW against a witness?
A: Yes. Courts can issue NBWs against witnesses who repeatedly fail to appear despite summons — not just against accused persons.
Q: What is Section 73 of CrPC related to NBW?
A: Section 73 of CrPC deals with issuance of warrants to any person within the local jurisdiction of the Chief Judicial Magistrate for arrest of escaped convicts, proclaimed offenders, or accused of non-bailable offences evading arrest.
