New Delhi, May 2
Supreme Court Sets Guidelines for Issuance of Non-Bailable Warrants In a recent judgment, the Supreme Court of India has cautioned against the routine issuance of non-bailable warrants (NBWs), emphasizing that such warrants should only be issued in cases involving heinous crimes where the accused is likely to evade justice or destroy evidence. The court, led by Justice Sanjiv Khanna, clarified the legal position on NBWs, stressing the need for a careful consideration of individual liberties and the larger interests of the public and the state. The judgment, delivered on May 1, allowed appeals filed by individuals involved in a property dispute, while also granting anticipatory bail to certain accused parties. The court underscored that NBWs should not be issued unless absolutely necessary, and highlighted the importance of granting exemptions from personal appearance when warranted by the circumstances, as enshrined in previous legal precedents. Moreover, the court provided insights into Section 205 of the Criminal Procedure Code (CrPC), which allows magistrates to dispense with the personal attendance of the accused and permit representation through a legal representative. It emphasized the need for a just and fair approach, even in cases where the procedural law is silent, underlining the overarching principle that justice must prevail. This landmark judgment by the Supreme Court sets clear guidelines for the issuance of NBWs, ensuring that the judicial process remains fair, just, and aligned with constitutional principles.
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