Supreme Court: Under which circumstances the court should issue non bailable warrant instead of summons for securing presence of accused?


Chambers of Ishaan Garg

Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054

+91 8851742417, +91 8800386163


Just as liberty is precious for an individual so is the interest of the society in maintaining law and order. Both are extremely important for the survival of a civilised society. Sometimes in the larger interest of the public and the State it becomes absolutely imperative to curtail freedom of an individual for a certain period, only then the non-bailable warrants should be issued.

When non-bailable warrants should be issued


53. Non-bailable warrant should be issued to bring a person to court when summons or bailable warrants would be unlikely to have the desired result. This could be when:


* it is reasonable to believe that the person will not voluntarily appear in court; or

* the police authorities are unable to find the person to serve him with a summon; or

* it is considered that the person could harm someone if not placed into custody immediately. {Para 52}


 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1872 of 2025


Decided On: 09.04.2025

Serious Fraud Investigation Office Vs. Aditya Sarda


Hon'ble Judges/Coram:

Bela M. Trivedi and P.B. Varale, JJ.


Author: Bela M. Trivedi, J.

Citation:  MANU/SC/0479/2025.