Bailable vs Non-Bailable Warrant: Understanding the Key Difference
- Oct 23, 2025
- 4 min read
Updated: Apr 2
In criminal law, the word “warrant” often sounds intimidating — it means the court has authorized the police to take some form of action, usually related to arrest.
But not all warrants are the same. Two common types you’ll often hear about are bailable and non-bailable warrants.
Let’s break down what they mean and how they differ under Indian law.
What Is a Warrant?
A warrant is a written order issued by a court or magistrate directing the police to perform a specific act, such as:
Arresting a person
Searching premises
Seizing property
In criminal cases, warrants are most commonly used for arrest, ensuring that a person is brought before the court.
1. Bailable Warrant
A bailable warrant is a type of warrant where the court does not want to keep the person in jail. Its main purpose is just to make sure the person appears in court.
In this case, the person can be released on bail immediately after arrest.
Additional Legal Points (BNSS 2023):
Covered under Sections 70–73 of BNSS, 2023
Used as a less strict step before stronger action
Helps ensure appearance without unnecessary detention
Key Features:
The person gets bail immediately after arrest
Police can grant bail at the spot
No need to go to court separately for bail
Usually issued in minor cases or first-time absence from court
If a person does not come to court even after receiving a notice (summons) in a small case, the court may issue a bailable warrant. For Example, if someone is involved in a minor case like a small fight (Section 323 IPC) and misses the court date, the judge may issue a bailable warrant to make sure they appear next time — without sending them to jail.
2. Non-Bailable Warrant
A non-bailable warrant (NBW) is a strict type of warrant. It is issued when the court believes that the person is not cooperating or is trying to avoid the legal process. In this case, the person cannot get bail immediately after arrest.
Key Features:
Bail is not given immediately after arrest
The police must present the person before the court without delay
Only the court can decide bail
Usually issued in serious cases or repeated absence
Can be issued if a person ignores summons or bailable warrant multiple times
Indicates that the court is taking strict action
Additional Legal Points (BNSS 2023):
Governed under Sections 70–73 of BNSS, 2023
Police cannot grant bail on their own
NBW is usually the last step after summons and bailable warrant fail
The court may cancel the NBW if the person appears and provides a valid reason
If a person keeps ignoring court dates even after notices or a bailable warrant, the court may issue a non-bailable warrant. Also, in serious cases like murder or kidnapping, the court can directly issue an NBW to ensure strict action and presence in court.
Key Differences Between Bailable and Non-Bailable Warrant
Basis | Bailable Warrant | Non-Bailable Warrant |
Nature | Less strict | More strict |
Bail | Immediate | Only by court |
Authority | Police can grant bail | Only court |
Used In | Minor offences | Serious offences |
Purpose | Ensure appearance | Ensure custody |
Judicial Guidelines
Courts have clearly stated that non-bailable warrants should not be issued casually.
In Inder Mohan Goswami v. State of Uttaranchal (2007), the Supreme Court held that non-bailable warrants should be issued only when there is a strong reason to believe that the person will not appear voluntarily. This protects the fundamental right to personal liberty.
What Should You Do If a Warrant is Issued?
Do not panic
Contact a criminal lawyer immediately
Cooperate with the legal process
Appear before the court as soon as possible
Important: Ignoring a warrant can make the situation more serious.
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Conclusion
The main difference between a bailable and non-bailable warrant is how strictly the court wants to ensure your presence. A bailable warrant allows you to stay free after bail, while a non-bailable warrant may lead to custody until the court grants relief.
The type of warrant depends on:
The seriousness of the offence
Your behavior in the case
Whether you are cooperating with the court
FAQs – Bailable vs Non-Bailable Warrant: Understanding the Key Difference
1. What’s the main difference?
Bailable warrants allow immediate bail; non-bailable warrants require court approval.
2. Can police grant bail in a non-bailable warrant?
No, only the court can grant bail.
3. When is a bailable warrant issued?
For minor offences or first-time non-appearance in court.
4. When is a non-bailable warrant issued?
For serious offences or repeated failure to appear.
5. Legal basis of warrants in India?
BNSS 2023, Sections 70–73, replacing old CrPC rules.
