Major Types of Criminal Warrants in India

A warrant is a written judicial order that authorizes arrest, search, or execution of a sentence. In India, criminal warrants are governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which replaced the CrPC from July 1, 2024.

Legal Framework of Warrants in India

A warrant is issued by a court on behalf of the state. It is used to secure the presence of an accused, preserve evidence, or ensure execution of a judicial order.

Essential Requirements of a Legally Valid Warrant

Under Section 72 of the BNSS, every arrest warrant must satisfy specific formal requirements. If these are not met, the warrant is invalid and any arrest made under it is illegal.

• Written form: The warrant must be in writing.
• Signature: It must be signed by the presiding officer of the issuing court.
• Court seal: It must bear the official seal of the court.
• Executor named: It must name and designate the person who is to execute it.
• Identity of accused: It must clearly state the name and address of the person to be arrested.
• Offence mentioned: It must specify the exact criminal offence charged.
• Validity: It remains in force until executed or cancelled by the issuing court.

Major Types of Criminal Warrants

Indian criminal law recognizes different kinds of warrants depending on the purpose, seriousness of the offence, and stage of proceedings.

Bailable Warrant (BW)

A bailable warrant is a court order that allows release on bail if the stated conditions are fulfilled. It is covered under Section 73 of the BNSS.

• Release on bond: If the arrested person executes a bond with sufficient security or sureties, they must be released immediately.
• Conditions stated: The warrant mentions the number of sureties, bond amount, and date of appearance.
• Immediate release: The police officer releases the person on compliance and forwards the bond to the court.
• Use: It is generally issued in less serious offences or as a first step to secure attendance.
• Example: If a person accused of a minor scuffle under Section 115 of the Bharatiya Nyaya Sanhita fails to appear, the magistrate may issue a bailable warrant.

Non-Bailable Warrant (NBW)

A non-bailable warrant is a stricter judicial order without any endorsement for release on bail. It is governed by Sections 72 and 74 of the BNSS.

• No bail by police: The executing officer cannot grant bail after arrest.
• Production before court: The accused must be arrested and produced before the court without unnecessary delay.
• Court decides bail: Only the court can decide whether to grant bail or remand the person to custody.
• Use: It is issued in serious offences or when an accused evades arrest or ignores summons and bailable warrants.
• Example: In a dacoity case under Section 310 of the Bharatiya Nyaya Sanhita, the court may issue an NBW.

Search Warrant

A search warrant authorizes law enforcement to search a specific place, building, or vehicle to find and seize evidence, documents, or stolen property. It is governed by Section 96 of the BNSS.

• When issued: It may be issued when a person is unlikely to comply with a summons to produce a document, or when the location of evidence is unknown.
• Scope: The warrant may limit the search to a specific part of a property.
• Recording requirement: Section 105 of the BNSS requires search and seizure proceedings to be recorded through audio-video electronic means, preferably using a mobile phone.
• Forwarding of recording: The recording must be sent without delay to the district magistrate, sub-divisional magistrate, or judicial magistrate.
• Example: In a financial fraud case, a court may issue a search warrant to inspect a company office and seize financial hard drives.

Transit Warrant (Transit Remand)

A transit warrant, also called transit remand, permits police to transport an arrested person from the place of arrest to the jurisdiction of the trial court.

• Constitutional basis: It is linked to Article 22(2) of the Constitution and Section 58 of the BNSS, which require production before the nearest magistrate within 24 hours.
• Cross-jurisdiction arrest: If a person is arrested far from the place where the case is registered, police need judicial permission to move them.
• Local magistrate: The arrested person is produced before the nearest magistrate, who may grant transit custody.
• Relevant provision: The process is commonly associated with Section 187 of the BNSS.
• Example: If police from Bengaluru arrest a suspect in New Delhi, they must obtain a transit warrant before taking the suspect to Bengaluru.

Death Warrant (Black Warrant)

A death warrant, historically called a black warrant, is the final order authorizing execution of a death sentence. It is governed by Section 453 of the BNSS.

• Issuing court: The Court of Session issues it as the “Warrant of Execution of a Sentence of Death.”
• Contents: It specifies the convict’s name, case details, execution date, and time.
• Addressed to jail authority: It is sent to the officer-in-charge of the jail where the convict is confined.
• After legal remedies: It is issued only after appeals, review petitions, curative petitions, and mercy petitions are exhausted.
• Method of execution: Under Section 393(5) of the BNSS, execution is by hanging the convict by the neck until death.

Warrant of Commitment

A warrant of commitment authorizes jail authorities to receive and detain a convicted person in prison. It is issued under Sections 258, 271, and 278 of the BNSS.

• Post-conviction order: It is issued after the court pronounces a sentence of imprisonment or fine.
• Details included: It mentions the convict’s name, offence, legal provision, sentence duration, and any detention already undergone.
• Legal authority: Prison authorities rely on it to keep the person in custody for the sentence period.

Comparison of Criminal Warrants in India

Execution of Warrants Outside Local Jurisdiction

When a court needs to execute an arrest warrant outside its local territorial limits, the BNSS provides a clear procedure under Sections 80 and 81.

• Forwarding the warrant: The issuing court may send the warrant by post or electronic communication to the local Executive Magistrate, District Superintendent of Police, or Commissioner of Police.
• Local endorsement: The local authority endorses the warrant and directs officers to execute it.
• Production after arrest: The arrested person must be produced before the nearest local Executive Magistrate or a police officer of the rank of DSP or above.
• Exception: If the issuing court is within 30 kilometers of the place of arrest, the person may be produced directly before that court.

Summons versus Warrants

The criminal procedure distinguishes between a summons and a warrant on the basis of compulsion and seriousness of the offence.

• Summons: A summons is a lighter judicial order requiring a person to appear in court or produce a document on a specified date. The BNSS permits service through electronic modes under Section 70.
• Warrants: A warrant is a coercive order directing immediate action, such as arrest or search. It is usually issued when a summons is ignored or when the gravity of the offence requires custody.

Recent Context

In recent narcotics investigations, Indian agencies have increasingly used non-bailable warrants, red corner notices, and extradition requests to secure accused persons who leave the country during probe. Such cases often involve coordinated action by central and state agencies, along with diplomatic channels.

Rare Facts for Prelims

• Warrant of execution: In death sentence cases, the formal order is issued by the Court of Session, not by the jail authorities.
• Audio-video recording: BNSS requires search and seizure operations to be recorded electronically, which is a major procedural safeguard.
• Transit remand: It is not the same as police remand; it is meant only for lawful movement across jurisdictions.
• Local production rule: Arrested persons must ordinarily be produced before the nearest magistrate within 24 hours, even if the case is registered elsewhere.
• Search warrant scope: A court may restrict a search warrant to only one room, floor, or portion of a building.
• Non-bailable warrant: Police cannot convert an NBW into bail on their own; only the court can decide bail after production.