Why Warrants Are Issued
Courts issue warrants of arrest for several reasons:
Non-Appearance Despite Summons: The most common reason. If the accused has been summoned but fails to appear without sufficient cause, the court may issue a bailable warrant, and if non-appearance continues, escalate to a non-bailable warrant.
Absconding Accused: If the accused is evading arrest and cannot be served with summons, the court may directly issue an NBW.
Default in Payment of Fine: If the accused has been convicted and fined but fails to pay the fine, the court may issue a warrant for recovery or imprisonment in default.
Failure to Appear as Witness: If a material witness fails to appear despite summons, the court may issue a warrant (though usually a bailable warrant).
Proclaimed Offender: If the accused has absconded and cannot be found, the court may declare them a proclaimed offender under Section 84 BNSS and issue a standing warrant.
How to Get a Warrant Recalled
Advocate Gajanan Shaw follows a strategic approach to get warrants recalled (cancelled):
Step 1 — Understand the Reason: First, we determine why the warrant was issued. Was it non-appearance on a particular date? Was there a valid reason for non-appearance (illness, wrong address, no knowledge of the case)? Did the warrant result from a procedural error?
Step 2 — File an Application for Recall: An application is filed before the court that issued the warrant, praying for recall/cancellation of the warrant. The application explains the reasons for non-appearance, expresses the applicant's bona fides, and undertakes that the applicant will appear on all future dates.
Step 3 — Secure Interim Protection: If the warrant is an NBW and there is an imminent risk of arrest, Advocate Shaw seeks interim protection — a direction that the warrant shall not be executed until the recall application is decided.
Step 4 — Argue the Application: The application is argued before the magistrate or judge. If the court is satisfied that the non-appearance was not wilful and that the applicant undertakes to appear regularly, the warrant is recalled.
Step 5 — Regularize Appearance: Once the warrant is recalled, the applicant must appear, secure bail (if not already on bail), and participate in the proceedings.
Urgency in Warrant Recall Matters
Time is of the essence when a warrant is outstanding. Every passing hour increases the risk of arrest. Advocate Shaw prioritizes warrant recall matters and can often secure recall on the same day or the next working day.
If the warrant has been issued by a magistrate, the application for recall is filed before the same magistrate. If the warrant was issued by a Sessions Court or the High Court, the application is filed in that court. In extreme urgency, Advocate Shaw approaches the court even during lunch hours or after regular court hours by mentioning the matter before the appropriate bench.
Proclaimed Offender Declarations
If a warrant remains unexecuted for a prolonged period, the court may initiate proceedings under Section 84 BNSS (previously Section 82 CrPC) to declare the person a proclaimed offender. This involves:
Publication of Proclamation: The court publishes a proclamation requiring the person to appear within 30 days.
Attachment of Property: The court may order attachment of the person's property.
Declaration as Proclaimed Offender: If the person fails to appear, they are declared a proclaimed offender.
The consequences are severe — the person becomes liable to arrest by any police officer, and disposing of attached property may become difficult. Advocate Shaw acts quickly to prevent clients from being declared proclaimed offenders and to have such declarations set aside where they have already been made.
Common Defences for Warrant Recall
Advocate Shaw raises the following grounds in warrant recall applications:
No Knowledge of Proceedings: The applicant was not served with summons and had no knowledge that a case was pending. This is common when the summons was sent to an old address or served on a wrong person.
Valid Reason for Non-Appearance: Illness (supported by medical certificates), being out of town for work, family emergencies, or other genuine reasons.
Summons Not Properly Served: The court must be satisfied that summons was properly served before issuing a warrant. If service was improper, the warrant itself is invalid.
Undertaking to Appear: The applicant files an unconditional undertaking to appear on every date of hearing, demonstrating bona fides.
Minor or Technical Offence: In petty cases, courts are more inclined to recall warrants if the applicant shows genuine willingness to participate.