Landmark Judgment Emphasizes Timely Issuance of Warrants, Proclamations, Attachment of Property, and Trial Procedures Under Bharatiya Nagarik Suraksha Sanhita, 2023 to Ensure Speedy Justice
In a comprehensive judgment delivered on May 5, 2026, the Allahabad High Court under Justice Praveen Kumar Giri has laid down detailed guidelines and procedural safeguards for issuing Non-Bailable Warrants (NBWs) against absconding accused persons, the declaration of proclaimed offenders, and conducting trial in absentia under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The ruling comes in the case of Ravi Alias Ravindra Singh v. State of U.P., addressing the misapplication of NBW issuance and emphasizing adherence to the statutory procedures enacted under BNSS for criminal cases involving absconding accused.
The petitioner, Ravi Alias Ravindra Singh, challenged the issuance of a Non-Bailable Warrant issued against him without prior issuance of a bailable warrant, contending that since he was granted bail earlier, the process prescribed under Section 92 BNSS (corresponding to Section 89 Cr.P.C.) should have been followed. The Court noted that the trial court had issued an NBW directly, then proceeded with proclamations and property attachment orders without adhering to the sequential safeguards meant to ensure fairness and speed in criminal trials.
Justice Giri meticulously analyzed the provisions of the BNSS, 2023, a law that replaced the Code of Criminal Procedure (Cr.P.C.) on July 1, 2024, stressing that the newer law's procedural timelines and safeguards must be strictly observed. The judgment highlights that before issuing an NBW, courts are mandated to first issue bailable warrants, and in cases involving accused persons released on bail, the breach of bond procedures under Section 92 BNSS must be followed.
The judgment further elaborates the multi-stage process for dealing with absconding accused:
1. Issuance of summons and warrants as per Sections 63 to 93 BNSS, including proper service methods and recording of attempts to ensure accused awareness.
2. Issuance of Proclamation under Section 84 BNSS for absconding accused who evade arrest after warrants have been unsuccessfully executed twice at 30-day intervals.
3. Declaration of the accused as a proclaimed offender if he fails to appear within 30 days of proclamation.
4. Attachment of property under Section 85 BNSS to compel appearance or satisfy forfeiture of bonds.
5. Initiation of prosecution under Section 209 BNSS for non-appearance in response to proclamation.
6. Conducting trial in absentia under Section 356 BNSS, including mandatory safeguards such as public notice publication, informing relatives, appointment of amicus curiae at State expense, and recording evidence by audio-video means.
The Court also underscored the importance of strict timelines for investigation completion, filing of charge sheets, supply of documents to accused and victim, framing charges, and continuation of trial on a day-to-day basis as mandated by BNSS Sections 193(3), 230, 251, 263, 346, among others. The judgment makes it clear that unnecessary adjournments and delays by courts or police personnel will attract departmental and criminal liabilities under Sections 199 BNS and 29 Police Act.
Importantly, the Court directed the continued use of online portals like NSTEP and CIS for service and tracking of processes and mandated that failure to comply with procedural mandates will result in accountability of police officers, public prosecutors, and court officials.
In conclusion, the Court kept the impugned NBW order in abeyance for two months, directing the trial court to follow BNSS procedures in the interim and warned that failure of the accused to cooperate will entitle the court to proceed with trial and judgment under Section 356 BNSS. The judgment also mandates dissemination of the ruling to all judicial, police, and prosecutorial authorities in Uttar Pradesh to facilitate speedy justice.
This landmark ruling clarifies and consolidates the procedural law for handling absconding accused, emphasizing the balance between the rights of the accused and the need for expeditious justice delivery in accordance with the Bharatiya Nagarik Suraksha Sanhita, 2023.
Bottom Line:
Non-bailable warrant (NBW) - The procedural safeguards and timeline for issuing Non-Bailable Warrants (NBW), proclamations, attachment of property, and conducting trial in absentia of an absconding accused under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 must be strictly followed to ensure speedy trial and justice.
Statutory provision(s):
Sections 2(1), 63 to 93, 73, 75, 84, 85, 89, 92, 193(3), 199, 209, 210, 227, 230, 231, 232, 246, 251, 254, 263, 269, 335, 346, 356, 389, 441, 446, 446A, 485, 486, 491, 492 of Bharatiya Nagarik Suraksha Sanhita, 2023; Sections 6 of Bharatiya Sakshya Adhiniyam, 2023; Section 29 of Police Act, 1861.
Ravi Alias Ravindra Singh v. State of U.P., (Allahabad) : Law Finder Doc id # 2893405
