In short. To cancel a non-bailable warrant, you, through a lawyer, file an application before the same court that issued it, explain why you missed the date, and appear in person so the court can recall the warrant and take a fresh bond. This guide is for people in Delhi who missed a court date, never got the summons, or learnt of a warrant from the police. Most trial courts decide a genuine application the same day or within a week. Act before the police arrive or a proclamation follows.
Is this your situation?
- You missed a date in a criminal case because of illness, travel, a job change or a lawyer's mistake, and the court has issued a non-bailable warrant.
- You never received a summons in a cheque bounce or complaint case and learnt of the warrant when police came to your old address.
- A beat officer called or visited your family saying there is a warrant against you in a Delhi court.
- You are on bail and your surety has received a notice because you did not appear.
- You are abroad or in another state and are worried about arrest at the airport when you return.
- The court has already started proclamation proceedings after the warrant could not be executed.
- You are the complainant and the accused has stopped appearing in your case.
Key points
- Only the court that issued it can cancel it. The police cannot withdraw a non-bailable warrant, and it stays in force until the court cancels it or it is executed.
- Move before the next date, not on it. An application filed early, with you present in court, is heard far more kindly than an explanation given after arrest.
- Carry proof for every missed date. Medical papers, travel records or a change-of-address proof turn a bare excuse into a reason the court can accept.
- Be ready for bail on the same day. Take a surety and a bail application with you, because a court that is not satisfied can send you to custody.
- Go higher only when the trial court will not help. The Sessions Court in revision or the Delhi High Court under Section 528 BNSS can step in, usually by directing that the warrant not be executed if you appear by a fixed date.
What a non-bailable warrant means and why Delhi courts issue one
A non-bailable warrant, commonly called an NBW, is a written order from a criminal court directing the police to arrest a named person and produce him before the court. Unlike a bailable warrant, it does not carry an endorsement that lets the police release you on your furnishing a bond. Under Section 72 of the Bharatiya Nagarik Suraksha Sanhita 2023 (old Section 70 CrPC), a warrant remains in force until the court that issued it cancels it or it is executed.
Courts in Delhi usually issue NBWs in a predictable sequence. In a case where you are not in custody, the court first issues a summons. If you do not appear, it may issue a bailable warrant, which under Section 73 BNSS (old Section 71) lets you go free on a bond with the police. If you still do not appear, or the court believes you are avoiding the case, it issues a non-bailable warrant. Section 90 BNSS (old Section 87) allows a warrant instead of or alongside a summons where the court has reason to believe you have absconded or will not obey.
The Supreme Court in Inder Mohan Goswami v. State of Uttaranchal (2007) said NBWs should not be issued casually, because they curtail personal liberty, and should normally follow a summons and a bailable warrant unless there is reason to think the person will not appear. Raghuvansh Dewanchand Bhasin v. State of Maharashtra (2012) repeated that guidance. Satender Kumar Antil v. CBI (2022) went further for accused persons who were not arrested during investigation and cooperated: the court should begin with a summons, then a bailable warrant, and only then an NBW.
In practice, most NBWs in Delhi arise in three ways. An accused on bail misses one or more dates after the case drags on for years. An accused in a complaint case, especially a cheque bounce case, never receives the summons because he has moved house. Or a person deliberately stops attending, hoping the case will go away. The first two are usually fixable with a proper application. The third is harder, but not hopeless if you act now.
The provisions you will see in a warrant recall application
Section 72, BNSS (old Section 70 CrPC)
Every warrant of arrest is in writing, signed by the presiding officer and sealed. Section 72(2) says it remains in force until cancelled by the court that issued it or until it is executed. This is the provision under which applications to cancel a non-bailable warrant are usually made.
Section 73, BNSS (old Section 71 CrPC)
The court may endorse a warrant so that the person can be released on executing a bond with sureties. A warrant with this endorsement is a bailable warrant; one without it is non-bailable.
Section 90, BNSS (old Section 87 CrPC)
Allows a court to issue a warrant instead of, or in addition to, a summons where it has reason to believe the person has absconded or will not obey the summons, or where he fails to appear without reasonable excuse after being served.
Section 91, BNSS (old Section 88 CrPC)
A person present in court can be required to execute a bond for appearance. When an NBW is cancelled, the court often takes a fresh bond under this provision or under the bail provisions.
Sections 84 and 85, BNSS (old Sections 82 and 83 CrPC)
If a warrant cannot be executed because the person is absconding or hiding, the court may publish a proclamation requiring appearance within at least thirty days, and may attach property. An NBW is very often the step just before this.
Section 491, BNSS (old Section 446 CrPC)
When a person on bail fails to appear, the bail bond and the surety bond can be forfeited, and the surety is called upon to pay the amount or show cause.
Section 528, BNSS (old Section 482 CrPC)
The High Court's inherent power to prevent abuse of process and secure the ends of justice. Used where an NBW is plainly illegal or the trial court has refused to recall it without good reason.
Can you cancel a non-bailable warrant without going to court?
No. There is no administrative route to cancel a non-bailable warrant. The SHO, the beat officer and the investigating officer have no power to withdraw it, and a phone call telling them you will 'come next date' does not suspend it. The warrant is the court's order and only the court can recall it.
Most Delhi trial courts expect the accused to be physically present when they hear an application for NBW cancellation. The logic is simple: the warrant exists to secure your presence, so your presence answers it. Your lawyer files the application, mentions it before the presiding officer, and you stand in court. If the court is satisfied, it cancels the warrant on the spot, usually on a fresh bond.
Some courts will hear an application through counsel alone where the accused has a strong reason, such as hospitalisation, and will fix a short date for appearance while directing that the warrant not be executed in the meantime. That is discretionary, and you should not plan around it. Section 530 BNSS allows proceedings by electronic means, and courts sometimes permit appearance by video for particular hearings, but an absconding accused asking to appear only by video is rarely received well.
Do not wait for the next date fixed in the order sheet if that date is weeks away. You can file the application on any working day and ask for it to be taken up. Courts in Delhi generally list such applications quickly, often the same day or the next.
The warrant recall application: what it says and how it is heard
A warrant recall application is a short, signed application, supported by your affidavit, asking the court to recall or cancel the NBW. It states the case details, the date the warrant was issued, the reason you could not appear on each date, and an undertaking to appear on every future date. It attaches proof: a discharge summary, a medical certificate from a registered practitioner, air tickets, a death certificate in the family, or proof that you had moved and never received the summons.
The court looks at three things. Was the absence bona fide or deliberate? How long have you stayed away and how many dates were missed? Is there a risk you will do it again? A single missed date with a hospital record is usually forgiven with a warning. Eighteen months of absence with a vague 'I was unwell' is a different matter.
If the court accepts the explanation, it cancels the warrant and may take a fresh personal bond and surety bond, sometimes for a higher amount. It may impose costs, payable to a legal aid fund or the complainant. If it is not satisfied, it may take you into custody, and your lawyer then moves a bail application, which the same court can hear and decide, often the same day in bailable or less serious cases.
Before Advocate B.K. Singh files a warrant recall application, he gets certified or online copies of the order sheets for every date since the client last appeared. The court will ask why each date was missed, and an application that accounts for every date, with a paper for each, reads very differently from one that offers a single reason for months of absence.
Will I be arrested when I appear in court?
Possibly, though in most genuine cases the warrant is cancelled and you walk out. The risk depends on the offence, your past conduct and how long you were away. In bailable offences, you have a right to bail under Section 478 BNSS (old Section 436 CrPC), so even if the court cancels the warrant only after taking you into custody, release on bond follows. In non-bailable offences, the court has discretion under Section 480 BNSS (old Section 437 CrPC).
If you were already on bail and the NBW was issued because you stopped appearing, the court may also issue notice for cancellation of your bail. Repeated absence is one of the commonest reasons courts cancel bail, as our guide on what happens if you violate bail conditions explains. In that situation, a convincing explanation and a fresh undertaking matter more than anything else.
Courts also notice whether you came voluntarily or were brought in by the police. A person who walks in with a lawyer and an application before being arrested is treated as someone who wants to face the case. A person arrested at home or at the airport months after the warrant has to explain not just the missed dates but also why he did nothing when he learnt of the warrant.
Advocate B.K. Singh advises clients to come to court on the day with a surety present and a bail application ready, even where cancellation looks straightforward. It costs nothing to be prepared, and if the court decides to take the accused into custody, the bail application can be moved within the hour rather than after a night in custody.
Step by step: NBW cancellation in a Delhi court
Find out which court issued the warrant
Get the case number, the court and the date the warrant was issued. If you only have a call from the police, ask for the case details, then check the eCourts website or the district court website for the order sheet.
Collect the order sheets
Download or obtain copies of the orders from the date you last appeared to the latest date. These show when the summons, bailable warrant and NBW were issued and whether a proclamation has started.
Gather proof for your absence
Hospital records, a doctor's certificate, travel tickets, proof of a family death, a rent agreement showing a new address or a letter from your employer. Paper beats explanation.
Draft the application and affidavit
The application states the facts, the reason for each missed date and an undertaking to appear. Your affidavit verifies it. Attach the proofs and a copy of your identity document.
Arrange a surety and a bail application
If the court asks for a fresh bond or takes you into custody, you need a surety with property or vehicle papers and identity proof, and a bail application ready to file.
Appear and move the application
Go to court with your lawyer on the chosen day. The application is filed, mentioned and usually heard in the presence of the prosecutor or the complainant's counsel.
Comply with the order
Furnish the bond, pay any costs, note the next date and attend every date after that. If you cannot attend a date, apply for exemption in advance through your lawyer, with a reason and proof.
When to go to the Sessions Court or the Delhi High Court
The trial court is the right forum in the great majority of cases. A Magistrate or Sessions Judge who issued the warrant is also the person best placed to cancel it, and higher courts usually ask why you did not go there first.
Where the trial court refuses to cancel the warrant despite a genuine reason, or the warrant was issued in plain disregard of the law, for example without any summons being served, you can file a criminal revision before the Sessions Court against a Magistrate's order, or approach the Delhi High Court. In the High Court, the petition is usually under Section 528 BNSS, and the common order is a direction that the NBW will not be executed if you appear before the trial court on a fixed date and apply for cancellation. The service page on cancelling a non-bailable warrant or proclaimed offender order explains how such petitions are framed.
The High Court route is also used where the warrant has led to a proclamation under Section 84 BNSS that was issued without following the procedure, or where property has been attached. Our guide on what happens when you are declared a proclaimed offender covers that stage and the separate offence under Section 209 BNS (old Section 174A IPC) for not appearing.
Anticipatory bail is sometimes sought when an NBW is pending during trial, but courts look hard at such requests. The Supreme Court in Prem Shankar Prasad v. State of Bihar (2021) held that a person declared a proclaimed offender is ordinarily not entitled to anticipatory bail. Before proclamation, an anticipatory bail application may be possible, but a direct appearance in the trial court with a recall application is usually faster and cleaner. Our step-by-step guide to anticipatory bail in Delhi covers that remedy.
How long NBW cancellation takes and what it costs
| Stage | Typical time | Official cost |
|---|---|---|
| Finding the case and order sheets on eCourts | One to two days | Free online; small fee for certified copies |
| Application to cancel the NBW in the trial court | Heard the same day or within a week | Nominal court fee on the application; check the current court fee |
| Fresh bail bond and surety bond | Same day, if the surety is present with papers | No fee; the bond amount is a promise, not a payment |
| Costs imposed for non-appearance | Paid on the day or by the next date | Varies; set by the court |
| Bail application if taken into custody | Often the same day; sometimes a few days | Nominal court fee |
| Revision before the Sessions Court | Weeks to a few months | Court fee as per current schedule |
| Petition in the Delhi High Court under Section 528 BNSS | First listing in days to two weeks; interim protection often at the first hearing | Court fee as per current schedule; lawyer's fee discussed at the first meeting and agreed in writing |
Documents to carry for an NBW cancellation
About the case
- Case number, court name and police station or complaint details
- Copies of order sheets from your last appearance to date
- Copy of the warrant, if you have it
- Your earlier bail order and bail bond, if any
About your absence
- Hospital discharge summary, prescriptions and a doctor's certificate
- Air or train tickets and passport pages for travel
- Death certificate or hospital papers of a family member
- Rent agreement, utility bill or employer letter showing a change of address
For the bond
- Your identity proof and two photographs
- Surety's identity proof, address proof and photographs
- Surety's property document, vehicle RC or fixed deposit, as the court requires
- Proof of your current address and phone number
Cheque bounce and complaint cases: where many Delhi NBWs come from
A large share of warrants in Delhi's district courts arise in cheque bounce complaints under Section 138 of the Negotiable Instruments Act 1881. The complainant gives the address on file, often an old office or rented flat. The summons goes there, is returned or 'served' on someone who does not pass it on, and the court moves to a bailable warrant and then an NBW. The accused learns of it when the police knock at a relative's door.
The answer is the same recall application, with proof that you were not living at that address and did not know of the case. Courts in Delhi generally accept a genuine explanation, cancel the warrant and take a bond. In cheque bounce cases, the offence is bailable, so release on bond is the rule once you appear. The bigger questions then are the defence and whether to settle. Our guide on whether a cheque bounce case can be compounded or quashed covers settlement, and the network site on cheque bounce cases goes into trial procedure.
Other private complaints, such as criminal defamation or cheating complaints, follow the same pattern. If you believe the summoning order itself was wrong, the warrant is a symptom and the summoning order is the disease. The guide on challenging a summoning order in a complaint case explains that route, which can run alongside the recall application.
One practical point. After the warrant is cancelled, update your address with the court in writing. Many people get a second NBW in the same case two years later because the court is still sending notices to the old address.
What happens to your surety and your bail bond
When you miss dates while on bail, the court can forfeit your personal bond and your surety's bond under Section 491 BNSS (old Section 446 CrPC). The surety gets a notice to produce you or show cause why the bond amount should not be recovered. Sureties are often relatives or friends who had no idea you had stopped attending, and the notice is how many families first learn of the warrant.
If you appear and the court accepts your explanation, it usually drops or reduces the forfeiture. If you do not, the surety may have to pay part or all of the bond amount, and in extreme cases recovery proceedings follow against the surety's property.
A surety who no longer wishes to stand for you can apply to be discharged, after which you must furnish a new surety. Courts also sometimes demand a fresh or additional surety when they cancel an NBW, especially after a long absence. Our guide on how much surety is required for bail in Delhi explains how amounts are fixed and what papers a surety needs.
If you are abroad or in another state
An NBW does not stop at Delhi's borders. Delhi Police can execute it anywhere in India, and if a Look Out Circular has been opened on the basis of the warrant or a proclamation, immigration at IGI Airport can detain you on arrival or departure. Many NRIs discover their NBW at the immigration counter.
From abroad, your lawyer can file the recall application and ask the court for a short date for your appearance, with a direction that the warrant not be executed until then. Some trial courts agree; others insist on appearance first. If the trial court will not give that protection, the Delhi High Court can, in suitable cases, direct that the warrant not be executed if you appear before the trial court on a fixed date.
Plan your travel around the court date, carry a copy of any protective order, and go straight to court after landing. If an LOC exists, it needs a separate request for withdrawal once the warrant is cancelled; our guide on removing a Look Out Circular explains how. In another state, the position is simpler: travel to Delhi, appear and apply.
If you are the complainant and the accused will not appear
A complainant or victim whose accused has stopped appearing can ask the court to issue coercive process in the proper sequence: bailable warrant, then NBW, then proclamation under Section 84 BNSS if the warrant cannot be executed. Ask the court to direct the SHO to file a report on the steps taken to execute the warrant, because many NBWs return unexecuted with a one-line report.
When the accused finally appears and applies for recall, you can oppose the application, point to the number of dates missed and ask for costs or stricter bail conditions. In cheque bounce cases, ask the court to direct interim compensation where the law permits. Courts do take complainants' frustration into account, and a well-documented opposition often leads to a higher bond or a stricter undertaking.
A made-up example: the salesman who moved to Faridabad
Here's a made-up example. Arun, a pharmaceutical salesman, gave a post-dated cheque to a distributor in Dwarka while living in a rented flat in Uttam Nagar. The cheque bounced after he lost his job, and the distributor filed a cheque bounce complaint in the Dwarka courts. By then Arun had moved to Faridabad. The summons went to the old flat and was returned.
The court issued a bailable warrant and then an NBW. Two years later, a constable visited Arun's parents in Bihar. Arun's lawyer downloaded the order sheets from eCourts, found the dates and drafted an application with Arun's Faridabad rent agreement, his new employer's joining letter and an affidavit that he never received the summons.
Arun appeared with a surety, his cousin who owns a scooter in his own name. The Magistrate cancelled the NBW, took a fresh bond, imposed modest costs payable to the complainant for the delay and fixed a date for notice of accusation. Arun updated his address with the court that day. This is a made-up story; every court decides on its own facts.
Mistakes that make an NBW harder to cancel
- Waiting for the police to come. Each month after you learn of the warrant makes your explanation weaker and brings a proclamation closer.
- Relying on a phone call to the beat officer. The police cannot cancel the warrant, and informal assurances carry no weight.
- Giving one vague reason for many dates. Account for each missed date with a paper where you can.
- Turning up without a surety. If the court wants a fresh bond, you need someone there with documents.
- Not updating your address. The same problem returns if notices keep going to your old flat.
- Going to the High Court first without reason. The High Court usually sends you back to the trial court unless that court has failed you or the warrant is plainly illegal.
What to do this week
Find out the court and case number, download the order sheets and collect proof for each missed date. Speak to a lawyer who appears in that court, arrange a surety and pick a day to appear. If you are abroad, ask about protection before you fly. If a proclamation has already started or property is attached, read the service page on setting aside a warrant or proclamation and act at once.
For advice on your papers or updates on the law, you can contact Advocate B.K. Singh.
Frequently asked questions
Can a lawyer get an NBW cancelled without me going to court?
Usually not. Most Delhi trial courts expect the accused to be present when they cancel an NBW, though some will fix a short date with protection if you have a strong reason such as hospitalisation. The High Court can also direct that the warrant not be executed until a fixed appearance date.
How long does it take to cancel a non-bailable warrant?
In a genuine case, a trial court often cancels the warrant the same day you appear with an application, or within a week. Delays come from missing papers, a surety not being present or a court refusing and the matter going to a higher court.
Will I be sent to jail if I go to court with an NBW pending?
Not usually, if your explanation is genuine and you appear voluntarily. The court can take you into custody if it is not satisfied, so go with a lawyer, a surety and a bail application ready.
What is the difference between a bailable and a non-bailable warrant?
A bailable warrant carries an endorsement allowing the police to release you on a bond with sureties. A non-bailable warrant has no such endorsement, so the police must arrest you and produce you before the court.
Can the police cancel an NBW if I meet them?
No. Only the court that issued the warrant can cancel it. The police may report to the court that you met them, but that does not suspend the warrant.
Does an NBW expire after some time?
No. Under Section 72(2) BNSS, a warrant remains in force until the court cancels it or it is executed. It does not lapse with time.
Can an NBW lead to a Look Out Circular?
It can. Police sometimes request an LOC for an accused who cannot be found, particularly after a proclamation. Once the warrant is cancelled, ask for the LOC to be withdrawn in writing.
What should a warrant recall application contain?
The case details, the date of the warrant, the reason for each missed date with supporting papers, your current address and an undertaking to appear on every date. It should be supported by your affidavit.
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M. More than twenty years in practice before the Supreme Court, the Delhi High Court, Delhi district courts and tribunals. This guide was written and reviewed by his team.
This guide explains the law in general terms and is not legal advice. For advice on your own papers, contact the team.
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