Guidelines for issuing Non Bailable Warrant by Delhi High Court
The Hon’ble High Court of Delhi in Sunil Tyagi vs Govt of Nct Of Delhi & Anr[xii] has given guidelines to ensure the NBWs are issued only against the correct persons during the stage of investigation, which are as follows:
- Investigating Officer may apply to a Magistrate for issuance of warrant of arrest where the offence is cognizable & non-bailable and proposed warrantee is evading his arrest.
- While applying for warrant, the Investigating Officer must show the Magistrate his efforts made for arresting the proposed warrantee.
- Investigating Officer must show that the proposed warrantee is ordinarily residing at or was very recently residing at some address which is in the knowledge of the IO through any manner and that now the proposed warrantee is not available at that address due to his deliberate intention to avoid custody in the case in question.
- No warrant shall be issued against a proposed warrantee merely on the ground that he is not available for the IO/ Police officials for the purpose of joining him in the investigation.
- Investigating Officer must satisfy the criteria that in his belief and on the basis of material collected by him/previous IO during the investigation, he is of the opinion that the proposed warrantee is involved in the case as an accused.
- Only a strong suspicion or information of secret informer may not be treated as a ground for issuance of warrant of arrest.
- No warrant shall be issued against proposed warrantee unless the Police Officer has categorically stated in writing that there exists grounds of arrest and such grounds are not only legally admissible but are also sufficient to sustain filing of a charge sheet against him in the Court.
- Investigating Officer must show that in his opinion custodial interrogation of the proposed warrantee is necessary for the just and fair investigation of the offence(s) in question.
- The Magistrate must record his satisfaction in respect of the fact prima facie involvement of proposed warrantee, requirement of his custodial interrogation and that he is evading his arrest
- The Magistrate than can exercise his powers to issue warrant of arrest even at the stage of investigation in cognizable & non-bailable offences.
- Such prayers shall be endorsed by the SHOs and Asstt. P.P./Addl. P.P./Chief P.P. of the Court as well with a declaration that they are satisfied that it is a fit case for issuance of NBW.
- The Investigating Officer shall share the material collected by him during investigation before the Court on the basis of which the accused is connected to the crime.
- Affidavit of the police officer – The police shall file an affidavit disclosing the date, time and mode of service as well as the attempts made to search and identify the accused.