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Updated Criminal Court Format | BNSS 2023

Application for Cancellation of Bailable Warrant

Updated model application for seeking cancellation or recall of a bailable warrant, with BNSS provisions, transitional CrPC guidance, drafting notes and an optional supporting affidavit.

Important: This is a general drafting template. Adapt the cause title, applicable penal provisions, dates, reason for non-appearance, supporting documents and prayer to the facts of the case and the practice of the court concerned.
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Current Legal Position under BNSS, 2023

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force on 1 July 2024 and replaced the Code of Criminal Procedure, 1973 for proceedings governed by the new law. Under Section 72(2) BNSS, a warrant of arrest remains in force until it is cancelled by the court that issued it or until it is executed.

Section 73 BNSS permits a court issuing a warrant to endorse that the person may be released upon executing the specified bail bond with sureties. Section 90 BNSS deals with issuance of a warrant in lieu of, or in addition to, a summons where the statutory conditions are satisfied. Section 91 also enables the court to require a bond or bail bond for future appearance when the person is present before it.

Pending older matters: Section 531(2)(a) BNSS contains a savings provision. An appeal, application, trial, inquiry or investigation that was pending immediately before BNSS commenced continues under the Code of Criminal Procedure, 1973. For such matters, the corresponding CrPC provisions may therefore remain applicable.

For a bailable warrant under the former CrPC regime, commonly relevant provisions include Sections 70(2), 71, 87 and 88 CrPC, depending on the facts and procedural stage.

Model Application for Cancellation / Recall of Bailable Warrant

IN THE COURT OF __________________________ AT __________________
Case / Complaint No. __________ of 20__

IN THE MATTER OF:

______________________________
______________________________ Complainant / State

VERSUS

______________________________
______________________________ Accused / Applicant

Offence(s): Section(s) __________ of the Bharatiya Nyaya Sanhita, 2023 / other applicable law
Police Station: __________________________
Previous Date of Hearing: ________________
Next Date of Hearing: ____________________

APPLICATION ON BEHALF OF THE ACCUSED / APPLICANT FOR CANCELLATION / RECALL OF BAILABLE WARRANT DATED __________

MOST RESPECTFULLY SHOWETH:

  1. That the above-captioned matter is pending before this Hon'ble Court and is presently fixed for __________________.
  2. That on __________________, the personal appearance of the Applicant/Accused was required before this Hon'ble Court.
  3. That the Applicant/Accused could not appear on the said date because ________________________________. The non-appearance was neither deliberate nor intentional. Documents supporting the said reason, where available, are annexed as Annexure A.
  4. That owing to the aforesaid non-appearance, this Hon'ble Court was pleased to issue a bailable warrant against the Applicant/Accused on __________________.
  5. That the Applicant/Accused has due regard for the process of this Hon'ble Court and undertakes to remain present on future dates unless exempted by a lawful order of the Court.
  6. That the Applicant/Accused is ready and willing to comply with such terms, bond, bail bond, surety or other conditions as this Hon'ble Court may consider appropriate.
  7. That no prejudice would be caused to the prosecution/complainant if the bailable warrant is cancelled/ recalled, whereas its continuance would cause avoidable hardship to the Applicant/Accused.
  8. That the present application is bona fide and is being moved in the interest of justice.

PRAYER

In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:

  1. cancel / recall the bailable warrant dated __________ issued against the Applicant/Accused;
  2. accept the Applicant's appearance and/or bond/bail bond, if required by the Court; and
  3. pass such other or further order as this Hon'ble Court may deem fit and proper in the interest of justice.

Place: __________________
Date: ___________________

APPLICANT / ACCUSED

THROUGH COUNSEL

________________________, ADVOCATE

Optional Supporting Affidavit

Whether an affidavit is necessary depends on the court, local rules and circumstances. Use it only where required or considered appropriate.

IN THE COURT OF __________________________ AT __________________
Case / Complaint No. __________ of 20__

______________________________ Complainant / State

VERSUS

______________________________ Accused / Applicant

AFFIDAVIT

I, __________________________, aged about ____ years, son/daughter/spouse of __________________________, resident of __________________________, do hereby solemnly affirm and state as follows:

  1. That I am the Applicant/Accused in the above matter and am competent to swear this affidavit.
  2. That the accompanying application for cancellation/recall of the bailable warrant has been prepared under my instructions.
  3. That the contents of the accompanying application are true and correct to my knowledge and belief and may be read as part of this affidavit.

DEPONENT

VERIFICATION

Verified at __________________ on this ____ day of __________, 20__, that the contents of the above affidavit are true and correct to my knowledge and belief and that nothing material has been concealed therefrom.

DEPONENT

Drafting and Filing Points

State the exact date of the warrant and explain the absence candidly and briefly. Where the reason is supported by a medical document, travel record, unavoidable emergency, mistaken noting of the date or another verifiable circumstance, attach the relevant document. Avoid stating a reason that cannot be substantiated.

If the accused appears voluntarily, the application may expressly record willingness to furnish the bond, bail bond or surety required by the court and an undertaking to attend future hearings. The precise relief and procedure can differ depending on the nature of the case, the order issuing the warrant and local court practice.

Transitional-law check: Do not mechanically replace every CrPC reference with BNSS. If the proceeding was already pending immediately before 1 July 2024, Section 531 BNSS may require it to continue under the CrPC.