Application to Cancel of Non-Bailable Warrant
**Sample PDF of the Application is attached at the end.
Why is this application used?
- This application is filed when a Non-Bailable Warrant (NBW) has been issued by a court against an accused because of their absence in court.
If the absence was due to a genuine reason (e.g., illness, accident, emergency), the accused can request the court to recall/cancel the warrant. - It assures the court that the absence was not deliberate and that the accused will regularly attend hearings in the future.
- The court has the discretion to cancel the NBW if it finds the explanation satisfactory.
Purpose
- To prevent arrest of the accused due to the NBW.
- To show valid reasons for non-appearance (medical, family emergency, unavoidable circumstance).
- To assure the court that the accused is not absconding or misusing liberty.
- To continue the trial smoothly without unnecessary custody.
FAQs
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Q1. What is a Non-Bailable Warrant (NBW)?
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A court order directing the police to arrest an accused who failed to appear in court. Unlike bailable warrants, the accused cannot secure release from police directly — only the court can recall/cancel it.
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Q2. When can this application be filed?
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Immediately after an NBW is issued. The accused (through a lawyer) files this to explain the reason for absence.
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Q3. What reasons are generally accepted for cancellation?
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Medical emergency (supported by hospital records).
Accident, travel disruption, or unavoidable circumstances.
Genuine mistake (wrong date noted, miscommunication).
Courts usually cancel the NBW if satisfied it wasn't intentional. -
Q4. Can the accused be arrested even after filing this application?
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Yes. Until the NBW is formally recalled by the court, the warrant remains valid. That's why the lawyer usually seeks interim protection or an urgent hearing.
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Q5. What if the accused repeatedly misses hearings?
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Courts treat it strictly. Repeated defaults may lead to NBW being executed and bail being cancelled.
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Q6. Is the presence of the accused mandatory while filing this application?
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In most cases, yes. Courts often require the accused to be present personally when an NBW is being recalled, unless exempted.
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Q7. What documents are usually attached?
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Medical certificate/discharge summary if illness is the reason.
Affidavit explaining circumstances.
Proof of earlier regular attendance. -
Q8. What conditions may a court impose while cancelling an NBW?
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Deposit of costs/fine.
Undertaking to attend all future dates without fail.
Strict warning of no further default.
📁 Downloads & Resources
Access related documents and legal forms
| Attachment | Size |
|---|---|
| sample-application-cancel-non-bailable-warrant (361.52 KB) | 361.52 KB |
(This is only a sample format for understanding.) Details will vary from case to case.
IN THE COURT OF _____________ JUDGE AT _____________
CRIMINAL COMPLAINT NO. ______ OF 20__
IN THE MATTER OF
Mr. ____________________
……………..Complainant
VERSUS
Mr. ____________________
…………………….Accused
Under Section ___ of BNS
P.S.: ____________
Last Date of Hearing: ____________
Next Date of Hearing: ____________
APPLICATION SEEKING CANCELLATION OF NON-BAILABLE WARRANT DATED _________ ISSUED AGAINST THE ACCUSED
MOST RESPECTFULLY SHOWETH:
- That the above-titled case is pending adjudication before this Hon'ble Court and was listed on _______ for the appearance of the accused.
- That on the previous date of hearing, i.e., ________, the accused could not appear as he was admitted in __________ Hospital for treatment of __________ illness. A copy of the relevant medical certificate dated ______ is enclosed herewith as Annexure A.
- That when the matter was called, the absence of the accused was noted, and consequently this Hon'ble Court was pleased to issue a non-bailable warrant against him.
- That the accused has always been diligent in attending the proceedings before this Hon'ble Court and has never defaulted earlier. He is a responsible and law-abiding citizen.
- That his non-appearance on the said date was neither deliberate nor intentional but solely due to the compelling medical condition, which was beyond his control.
- That the accused undertakes to remain regular and punctual on all forthcoming dates of hearing and assures that such lapse shall not be repeated.
PRAYER
In light of the facts and circumstances stated above, it is most humbly prayed that this Hon'ble Court may graciously be pleased to:
- Recall and cancel the Non-Bailable Warrant dated ________ issued against the accused; and
- Pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the interest of justice.
APPLICANT
THROUGH
Advocate
Place: __________
Date: __________
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