This specimen is intended as a general drafting aid. An application for cancellation or recall of an NBW should state the correct case details, the date of the warrant, the genuine reason for non-appearance, prior conduct of the accused, and an undertaking to appear on future dates. Supporting documents such as medical records, travel records or other proof should be annexed where relevant.
Updated NBW Cancellation Application Format
CRIMINAL CASE / COMPLAINT NO. ________ OF 20____
IN THE MATTER OF:
______________________________
______________________________
______________________________
______________________________
Offence(s): Section(s) ________ of the Bharatiya Nyaya Sanhita, 2023 / other applicable law
Police Station: __________________________
Date of NBW order: _______________________
Next date of hearing: ____________________
MOST RESPECTFULLY SHOWETH:
1. That the above-captioned case is pending before this Hon'ble Court and is presently fixed for __________________________.
2. That the matter was earlier listed on __________________. The Applicant could not appear before this Hon'ble Court on the said date because ________________________________. The absence was neither deliberate nor intended to delay the proceedings.
3. That, on account of the Applicant's non-appearance, this Hon'ble Court was pleased to issue a Non-Bailable Warrant against the Applicant by order dated __________________.
4. That the Applicant has a bona fide and sufficient explanation for the non-appearance. In support thereof, the Applicant is filing ________________________________ as Annexure A / supporting document, wherever applicable.
5. That the Applicant respects the process of this Hon'ble Court and undertakes to remain present on all future dates unless personal appearance is specifically exempted by a lawful order of the Court.
6. That the Applicant does not intend to evade the proceedings, obstruct the course of justice, influence witnesses or misuse the liberty granted by this Hon'ble Court.
7. That under Section 72(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a warrant remains in force until cancelled by the Court which issued it or until executed. The Applicant therefore respectfully seeks cancellation / recall of the NBW in the facts and circumstances stated above.
8. That no prejudice would be caused to the prosecution / complainant if the warrant is cancelled, whereas execution of the warrant despite the Applicant's voluntary appearance and bona fide explanation may cause unnecessary hardship.
PRAYER
In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to:
(a) cancel / recall the Non-Bailable Warrant dated __________________ issued against the Applicant / Accused;
(b) permit the Applicant to participate in the proceedings subject to such terms as this Hon'ble Court may deem fit and proper; and
(c) pass any other or further order in the interest of justice.
Date: ___________________
THROUGH COUNSEL
__________________________
Advocate
Supporting Affidavit Format
CRIMINAL CASE / COMPLAINT NO. ________ OF 20____
I, __________________________, aged about ____ years, S/o / D/o / W/o __________________________, resident of ________________________________, do hereby solemnly affirm and state as under:
1. That I am the Accused / Applicant in the above-mentioned matter and am fully acquainted with the facts and circumstances of the case and competent to swear this affidavit.
2. That the accompanying application for cancellation / recall of the Non-Bailable Warrant has been prepared under my instructions. Its contents have been read over and explained to me and are true and correct to my knowledge and belief.
3. That the documents annexed with the application, if any, are true copies of their respective originals.
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, no material fact has been concealed, and nothing stated herein is false.
DEPONENT
Practical Drafting and Filing Points
- Mention the exact date on which the NBW was issued and attach a copy of the order, if available.
- Give a specific, truthful explanation for non-appearance instead of a vague statement.
- Attach supporting proof where the reason is medical, travel-related, an emergency or another verifiable circumstance.
- If the accused is appearing voluntarily, state this clearly and offer an undertaking for future appearance.
- Check the applicable procedural law carefully. Newer proceedings are governed by the BNSS, while saved pending proceedings may continue under the CrPC by virtue of Section 531 BNSS.
- Local criminal-court rules and judicial practice may require surrender, bail, an affidavit, costs or other compliance. Adapt the format to the court and case.
Frequently Asked Questions
What is the current BNSS provision relevant to cancellation of a warrant?
Section 72(2) BNSS states that a warrant remains in force until it is cancelled by the court that issued it or until it is executed.
Is cancellation of an NBW automatic after filing an application?
No. Filing an application does not itself cancel the warrant. The issuing court must pass an appropriate judicial order after considering the facts, the explanation for absence and the applicable law.
Should the application mention IPC or BNS sections?
Use the penal provision actually applicable to the case. For proceedings governed by the post-1 July 2024 criminal-law framework, offences may be cited under the Bharatiya Nyaya Sanhita, 2023 or the relevant special statute. Older matters may continue under the earlier law depending on the applicable savings provisions.
Is an affidavit compulsory?
Not in every court or every situation. Whether an affidavit is required depends on the court's rules, local practice and the nature of the application. The affidavit above is supplied as an adaptable specimen.