Warrant

A warrant is a written order issued by a court or magistrate that authorises the police or another named officer to arrest a person, produce them before the court, or search a place and seize property. Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — which replaced the Code of Criminal Procedure, 1973 from 1 July 2024 — every warrant of arrest must be in writing, signed by the presiding officer, and bear the seal of the court. It remains in force until it is executed or cancelled by the issuing court.

Arrest warrant vs search warrant

• Arrest warrant — directs a named officer to arrest a specific person and bring them before the court. Governed by Sections 72 to 83 BNSS, it is usually issued when a summons is disobeyed or the offence is serious.
• Search warrant — authorises the search of a specified place for a document or thing needed for an inquiry, trial or investigation. Issued under Section 96 BNSS.

Bailable vs non-bailable warrant

A court may endorse a warrant with a direction that the person be released on furnishing security and a bond to appear — this is a bailable warrant (Section 73 BNSS), which lets the person avoid custody. Without such an endorsement it is a non-bailable warrant (NBW), where arrest is mandatory and the person must be produced before the court.

When it is issued

An arrest warrant is generally issued when a summons proves ineffective or in cognizable and serious matters. If the person absconds and evades the warrant, the court may proceed to publish a proclamation and attach their property under Sections 84 and 85 BNSS.