What to Do If a Warrant Is Issued Against You in India?
If a warrant is issued against you in India, the correct legal course is to immediately approach the issuing court through a lawyer, seek recall or cancellation of the warrant, and apply for appropriate bail instead of absconding or ignoring the process.
This direct answer addresses the most critical concern faced by individuals when they discover that a warrant has been issued against them.
Issuance of a warrant is a serious development in any criminal proceeding because it authorizes the police to arrest and produce a person before the court. However, a warrant does not automatically mean guilt. Indian criminal law provides multiple remedies and safeguards to ensure that a person’s liberty is not unnecessarily curtailed.
This article provides a detailed, in-depth, structured, and comprehensive explanation of what to do if a warrant is issued against you in India, covering legal remedies, procedural steps, types of warrants, consequences of inaction, and practical guidance.
Understanding What a Warrant Means in Criminal Law
A warrant is a written order issued by a competent court directing the police or another authorized person to arrest a specific individual and produce them before the court. Warrants are governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
A warrant is issued to:
- Secure the presence of an accused before the court
- Ensure compliance with judicial proceedings
- Prevent evasion of the legal process
The issuance of a warrant does not decide the guilt or innocence of a person.
Types of Warrants Issued by Courts
Bailable Warrant
A bailable warrant authorizes the police to release the person on bail immediately upon arrest after furnishing the required bond and surety. Courts generally issue bailable warrants as a first coercive step when summons are ignored.
Non-Bailable Warrant (NBW)
A non-bailable warrant does not permit release by the police. The arrested person must be produced before the court, which alone can decide the question of bail. NBWs are issued in serious cases or when the court believes the accused is deliberately avoiding proceedings.
Understanding the nature of the warrant is essential before taking legal steps.
How to Know If a Warrant Has Been Issued Against You
A warrant may come to your knowledge through:
- Police visit to your residence
- Information from court records
- Notice from a lawyer
- Information from co-accused
- Online case status portals in some states
Once knowledge of a warrant exists, immediate legal action is necessary.
Immediate Steps to Take If a Warrant Is Issued
Do Not Abscond or Hide
Absconding worsens your legal position and may lead to proclamation proceedings under Section 84 BNSS and attachment of property under Section 85 BNSS.
Courts view absconding as deliberate evasion and may deny bail on that ground alone.
Consult a Criminal Lawyer Immediately
The first and most important step is to consult a lawyer who can:
- Verify the type of warrant
- Identify the issuing court
- Assess the stage of the case
- Advise the correct legal remedy
Early legal intervention often prevents arrest.
Obtain Certified Copy or Case Details
Your lawyer should:
- Obtain a certified copy of the warrant
- Check court orders leading to issuance
- Verify whether summons or notices were properly served
Improper service is a valid ground for recall.
Legal Remedies Available Against a Warrant
Application for Recall or Cancellation of Warrant
The issuing court has the power to recall or cancel its own warrant upon sufficient cause being shown.
Grounds may include:
- Non-service of summons
- Medical emergency
- Genuine absence
- Miscommunication or mistake
Courts generally cancel warrants if the accused appears voluntarily and shows bona fide conduct.
Surrender Before the Court
Voluntary surrender demonstrates respect for the court’s authority. Upon surrender, the accused can:
- Apply for bail
- Seek cancellation of warrant
- Request protection from custody
Courts often take a lenient view when surrender is voluntary.
Apply for Bail
Depending on the offence and nature of warrant:
- Apply for regular bail
- Apply for interim bail
- In appropriate cases, seek anticipatory bail if arrest has not yet occurred
Bail application should be filed along with or immediately after surrender.
Approach the Sessions Court or High Court
In exceptional cases, relief may be sought from higher courts by:
- Seeking stay of warrant execution
- Filing anticipatory bail application
- Invoking inherent powers to prevent abuse of process
High Courts may intervene where warrant issuance is mechanical or unjustified.
What Happens If You Ignore a Warrant?
Ignoring a warrant can lead to serious consequences:
- Police arrest at any time
- Proclamation as absconder
- Attachment of movable and immovable property
- Adverse inference during bail hearing
- Additional criminal liability
Courts rarely show sympathy when warrants are ignored deliberately.
Rights of a Person Against Whom a Warrant Is Issued
Even after issuance of a warrant, you retain the right to:
- Be informed of grounds of arrest
- Legal representation
- Bail in accordance with law
- Humane treatment during arrest
- Fair trial under Article 21
A warrant does not extinguish constitutional rights.
Special Situations
Warrant in Cheque Bounce Cases
In cheque bounce cases, warrants are often issued due to non-appearance. Courts frequently cancel such warrants upon appearance and furnishing of bail bonds.
Warrant Against Women, Senior Citizens, or Sick Persons
Courts exercise additional caution in such cases and may:
- Recall warrants
- Grant interim protection
- Avoid custodial arrest
Medical documents and age proof should be presented.
Warrant in Old or Long-Pending Cases
If a warrant is issued after a long gap, delay and laches can be raised as grounds for recall and bail.
Can a Warrant Be Stayed?
Yes, execution of a warrant can be stayed by the Sessions Court or High Court in appropriate cases.
Stay is usually granted when:
- The accused approaches the court promptly
- There is abuse of process
- Liberty is at risk without justification
Practical Tips for Dealing With a Warrant
- Act promptly and responsibly
- Avoid confrontation with police
- Keep all documents ready
- Appear before court through counsel
- Comply strictly with court directions
Good conduct significantly improves chances of relief.
Conclusion
A warrant issued against you in India is a serious but manageable legal situation if handled correctly and promptly. The law provides adequate remedies such as recall of warrant, voluntary surrender, and bail to protect personal liberty while ensuring compliance with judicial proceedings. Absconding or ignoring a warrant only complicates matters and invites harsher legal consequences. By seeking timely legal advice, approaching the appropriate court, and demonstrating bona fide conduct, an individual can effectively address the situation and safeguard their rights under the criminal justice system.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304