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Warrant & Summons

वारंट और समन

Warrants and summons are judicial orders compelling appearance. Bailable warrants allow release on bail; non-bailable warrants require surrender or bail application.

What should you do if a warrant is issued against you?

If a bailable warrant is issued, you can obtain bail from the court or police. If a non-bailable warrant is issued, you must either surrender before the court or file an anticipatory bail application under Section 482 BNSS. Ignoring a warrant leads to arrest and property attachment proceedings.

Legal Explanation

Warrants are issued when an accused fails to appear. Bailable warrants permit bail at the police station or court. Non-bailable warrants authorise arrest. Proclamation under Section 84 BNSS and property attachment under Section 85 BNSS follow prolonged non-appearance. Summons are issued for witnesses or for less serious matters.

Procedure

  1. 1Verify the type of warrant (bailable or non-bailable).
  2. 2For bailable warrants: arrange sureties and obtain bail.
  3. 3For non-bailable warrants: file anticipatory bail or surrender before the court.
  4. 4Address the underlying case to have the warrant cancelled.
  5. 5If proclamation issued, move to recall before the court.

Jurisdiction

Magistrate and Sessions Courts across UP; Allahabad High Court.

Important Limitations

Non-bailable warrants can lead to arrest at any time. Proclamation and attachment follow non-appearance.

Legal References

  • BNSS, 2023 — Sections 80-85 — Warrants, proclamation and attachment
  • BNSS, 2023 — Section 78 — Summons

What This Covers

Verify the type of warrant (bailable or non-bailable).
For bailable warrants: arrange sureties and obtain bail.
For non-bailable warrants: file anticipatory bail or surrender before the court.
Address the underlying case to have the warrant cancelled.
If proclamation issued, move to recall before the court.

Frequently Asked Questions

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