Procedure When a Person on Bail Fails to Attend a Court Date
When a person on bail fails to appear in court for three or more unexcused absences, they are likely to face serious consequences. This article will guide you through the typical procedures a court follows in such circumstances. We will also discuss the potential consequences and possible solutions.Typical Consequences
When a person on bail fails to attend a court date, the bail is typically cancelled. The court will issue a non-bailable warrant (NBW) to ensure the individual's presence is secured. An NBW is a legal document ordering the arrested individual's presence before the court without the possibility of bail.Possibilities After Issuing a Non-Bailable Warrant (NBW)
There are two primary possibilities to address the situation after the issuance of an NBW: Obtaining Regular Bail: If the individual surrenders before the court and seeks regular bail, the judge has the discretion to release them immediately after reviewing the facts or to hold them in custody for a short period. Seeking Anticipatory Bail: Alternatively, the accused can seek anticipatory bail from the court of Session. Anticipatory bail is granted to prevent an individual from being arrested before or after the issuance of an arrest warrant.Consult a Lawyer and Direct Approach to the Court
As a general guideline, it's advisable to consult a reputable lawyer who can provide legal advice based on the specific circumstances and local laws. Here are some steps you can take if you find yourself in a similar situation:If you have received a court notice, it is possible to attend the proceedings on the next date of hearing. Alternatively, if you find yourself in a situation where a non-bailable warrant (NBW) has been issued, you can surrender before the court and seek regular bail again. The court may release you immediately after perusing the facts or may send you to custody and release you after a few days.
Another option is to seek anticipatory bail from the court of Session. Anticipatory bail is specifically granted to prevent an individual from being arrested before or after the issuance of an arrest warrant.
Contacting the Court Directly
If summons are ignored, a non-bailable warrant (NBW) is issued against the accused. If the NBW is issued, the accused can be arrested. However, it's possible to recall the NBW at a small cost. In some cases, the prosecution might even waive the trial if the accused is present and adheres to the court's conditions.If the accused misses the date of appearance mentioned in the bail bond, the bond is forfeited for breach of condition and shall stand cancelled under Section 446-A of the Code of Criminal Procedure 1973. The prosecution should apply for the cancellation of bail for breach of condition under the bond.
It's important to note that in some cases, the court may dispense with the attendance of the accused if they are represented by a lawyer. Under Section 317 of the Code of Criminal Procedure, the court can dispense with the accused's attendance during any stage of an inquiry or trial if the lawyer is present.