After FIR REGISTRATION BY POLICE WHO WILL ISSUE NON BAILABLE WARRANT US 156(3) C

Dear client, Here's a breakdown of the process after filing an FIR (First Information Report) in India, addressing non-bailable warrants (NBWs), and bail: After FIR Registration: Investigation: The police station investigates the case based on the FIR. They may collect evidence, record statements of witnesses, and potentially arrest the accused if necessary. Issuing Non-Bailable Warrant (NBW): Magistrate's Decision: A Magistrate (a judicial officer) has the authority to issue an NBW. The police can request an NBW if: The accused is evading arrest. There's sufficient evidence to suggest a serious offense (cognizable offense punishable with imprisonment). Serving Notice: Police Responsibility: The police are responsible for serving the NBW on the accused. This typically involves informing them about the warrant and the charges against them. Court Appearance: Magistrate's Order: The NBW compels the accused to appear before the court that issued it. The Magistrate will then decide: Grant Bail: The accused may be granted bail, allowing them temporary release upon furnishing a surety (financial guarantee) and adhering to court conditions. Judicial Remand: If bail is denied or the offense is very serious, the Magistrate may order judicial remand, sending the accused to jail for further investigation or trial. Taking Bail: Application: The accused or their lawyer can apply for bail in court. The bail application considers factors like the severity of the offense, the accused's criminal history (if any), and flight risk. Discretionary: Granting bail is at the court's discretion. Key Points: The police investigate after an FIR is registered. A Magistrate issues an NBW, not the police station. The police serve the NBW on the accused. The accused appears in court as per the NBW. The court decides on bail or judicial remand. Bail is not automatic, and the court has the final say.

Court

1. Court will warrant or summons. 2. Accused may be arrested or warn to appear in court. 3. Accused can also obtain Anticipatory Bail from the court.