CrPC 1973 - Non-Bailable Offence: Can a Magistrate Issue NBW in Non-Bailable Offence?
crpc_bnss general advanced late_night_postAbey, I'm still awake at 2:45 am, and I'm thinking about NBWs... Who needs sleep, right? CrPC 70 says that when a person fails to comply with a summons or appears to be a threat to a witness, the magistrate can issue an arrest warrant. But what if it's a non-bailable offence (NBO) under CrPC 2(d)? Here, the accused has a right to bail, but the court can only grant it at the time of arrest, not before! CrPC 437(1) says so... Can a magistrate still issue an NBW in an NBO case? I'm too confused to sleep now... Help?
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CrPC 1973 clearly states that in a non-bailable offence, a Magistrate can issue a Non-Bailable Warrant (NBW) under S. 70. However, in case of arrest, police must be informed within 24 hours under S. 56. A Magistrate can also issue NBW on the complaint of victim or their kin under S. 2(c) of the Cr PC. It is worth noting that the Magistrate's powers are not restricted in non-bailable cases.
Doston, in non-bailable offences, a magistrate can issue a Non-Bailable Warrant (NBW) under CrPC 1973. According to section 2(c), a NBW is issued when person is to be arrested for a non-bailable offence. However, the magistrate has to consider the gravity of offence & the likelihood of arrest. So, in practice, a NBW is issued only if the person is untraceable or has fled the country.
"Aapke sawal ki jawab hai - haan, magistrate non-bailable offence ke khilaaf NBW jari kar sakta hai. CrPC 1973, Section 2(k) ke anusaar bhi, magistrate ko power hai non-bailable offence ke madhyam se NBW jari karne ka. Ismein shuruwat wali sunvai ya sunvai ki sunvai ke dauraan galtiyon ke khilaaf NBW jari karna shamil hai.