Bailable vs Non-Bailable Warrant: Understanding the Key Difference
- Advcoate Puneet Thakur
- Oct 23
- 3 min read
Updated: 2 days ago
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.
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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, or seizing property.
In the context of criminal procedure, we mostly talk about arrest warrants, which empower the police to bring a person before the court.
1. Bailable Warrant
A bailable warrant is a less severe type of warrant.
It is issued when the court wants to ensure the appearance of a person without necessarily detaining them.
Key features:
• The person against whom the warrant is issued can get bail immediately after arrest.
• The bail can be granted by the police officer executing the warrant itself — no need to approach the court separately.
• Typically issued in minor offences or when the person has not appeared in court despite being summoned but isn’t considered dangerous or likely to abscond.
Example:
If a person forgets to appear in court after receiving a summons for a bailable offence (like simple hurt under Section 323 IPC), the magistrate may issue a bailable warrant.
2. Non-Bailable Warrant
A non-bailable warrant (NBW) is a more serious order.
It is issued when the court believes that a simple summons or bailable warrant will not secure the person’s presence, or when the person is evading arrest.
Key features:
• The accused cannot claim bail as a matter of right at the time of arrest.
• The police must produce the person before the court.
• Bail can be granted only by the court, not by the police.
• Usually issued in serious offences (like murder, rape, kidnapping) or when the accused has ignored previous warrants.
Example:
If someone repeatedly fails to appear despite a bailable warrant, or is accused of a grave crime, the court may issue a non-bailable warrant to compel their appearance.
3. Legal Basis
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — which replaced the CrPC — the provisions regarding warrants of arrest are contained mainly in Sections 70 to 73 BNSS (previously Sections 70 to 73 CrPC).
Both types of warrants serve the same purpose — ensuring that an accused person appears before the court — but differ in severity and legal consequences.
4. Main Differences at a Glance
Basis Bailable Warrant Non-Bailable Warrant
Nature Mild / less coercive Strict / coercive
Bail Granted automatically on arrest Only by court after production
Issued For Minor offences or first-time absence Serious offences or repeated non-appearance
Authority to Release Police officer executing the warrant Only the court
Purpose Ensure appearance without detention Ensure custody and prevent evasion
5. Judicial Guidelines
Courts have often cautioned magistrates against issuing non-bailable warrants mechanically.
The Supreme Court in Inder Mohan Goswami v. State of Uttaranchal (2007) emphasized that:
“Non-bailable warrants should be issued only when it is reasonable to believe that the accused will not voluntarily appear before the court.”
This ensures that the right to liberty is not violated unnecessarily.
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Conclusion
The difference between a bailable and non-bailable warrant lies in the degree of compulsion they authorize.
While a bailable warrant allows the accused to maintain freedom upon providing bail, a non-bailable warrant restricts liberty until the court intervenes.
In essence, the type of warrant reflects the court’s assessment of the accused’s conduct and the seriousness of the offence — balancing the need for justice.
FAQS
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.
