Case Filed In Court Us 156(3) And Report Submitted By The Police In Court

Dear client, I'll provide a comprehensive response on non-bailable warrants (NBWs) in India, incorporating insights from the feedback received: Non-Bailable Warrants (NBWs) in India Issuing Authority: An NBW is issued by a Magistrate (judicial officer) in India, not directly by the police station or court. Grounds for Issuance: A Magistrate authorizes an NBW when they have reason to believe that the accused: Is evading arrest. Is likely to abscond if summoned. May tamper with evidence or influence witnesses. Has committed a serious (cognizable) offense punishable with imprisonment for a significant term. Trigger for Police Report: The police file a report in court (often a charge sheet) after investigating a case based on your FIR (First Information Report). If the evidence suggests the need for an NBW, they may request the Magistrate to issue one. Serving the NBW: The police are responsible for serving the NBW on the accused. This involves informing them about the warrant and the charges against them. Court Appearance: The NBW compels the accused to appear before the court that issued it. Here's what happens in court: Bail Application: The accused or their lawyer can apply for bail. The court considers the severity of the offense, the accused's criminal history (if any), and flight risk when deciding on bail. Granting Bail: If bail is granted, the accused is released 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. Seeking Legal Guidance: For specific advice regarding your situation, consult a qualified lawyer in India. They can help you navigate the legal process and protect your rights. Additional Considerations: NBWs are a serious matter, and the accused should take immediate steps to address the situation. Ignoring an NBW can have severe consequences, including arrest and potential jail time. If an NBW is issued against you in error, a lawyer can help you challenge it in court. By understanding the NBW process and your options, you can take informed decisions to protect your interests.

After arrest. Appearance before magistrate.

1. FIR will be issued by court. 2. After Registration of FIR Arrest warrant will be issued.