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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Requirement of Surety in DV Cases with NBWA - In cases where a Non-Bailable Warrant of Arrest (NBWA) is issued against a respondent, the courts generally require the petitioner to furnish a surety bond to secure bail. For example, in ["MUNINDRA KUMAR DEV SHARMA vs THE STATE OF ASSAM - Gauhati"], the court directed the petitioner to be released on bail upon furnishing a Rs. 25,000/- bail bond with one solvent surety of the like amount. Similarly, in ["SRI SANKAR DAS vs THE STATE OF ASSAM AND ANR. - Gauhati"], the petitioner was released on bail with a bond of Rs. 20,000/- and one surety of like amount. This indicates a consistent judicial approach that, in DV cases or cases involving NBWA, surety is a requisite condition for bail.
Main Points & Insights:
When the accused defaults or is an absconder, NBWA is issued, and bail can be granted upon furnishing surety bonds ["SAHERA KHATUN AND 2 ORS vs THE STATE OF ASSAM AND ANR - Gauhati"], ["MD. JABED ALI vs THE STATE OF ASSAM AND ANR - Gauhati"].
Analysis and Conclusion:
References:- ["MUNINDRA KUMAR DEV SHARMA vs THE STATE OF ASSAM - Gauhati"]- ["SRI SANKAR DAS vs THE STATE OF ASSAM AND ANR. - Gauhati"]- ["TOHMINA BEGUM @ TOMINA BIBI vs THE STATE OF ASSAM AND ANR - Gauhati"]- ["SANJEEV SINGH @ SANJIV SINGH vs THE STATE OF ASSAM - Gauhati"]- ["SAHERA KHATUN AND 2 ORS vs THE STATE OF ASSAM AND ANR - Gauhati"]- ["MD. JABED ALI vs THE STATE OF ASSAM AND ANR - Gauhati"]
Domestic violence cases can be emotionally charged and legally complex, especially when it comes to arrests and bail. A common question arises: in DV cases, if the respondent is arrested under NBWA (Non-Bailable Warrant of Arrest), then is surety required? This issue touches on the balance between protecting victims and upholding the rights of the accused under Indian law.
In this post, we'll break down the legal framework under the Protection of Women from Domestic Violence Act, 2005 (DV Act), explore relevant provisions from the Code of Criminal Procedure (CrPC), review judicial precedents, and clarify when courts may or may not demand a surety. Note: This is general information based on legal principles and case law, not specific legal advice. Consult a qualified lawyer for your situation.
A Non-Bailable Warrant (NBWA) is issued under Section 73 of the CrPC when a court believes the accused might abscond or fail to appear. In DV cases, NBWA often follows non-compliance with protection orders, residence orders, or court summons under Sections 17, 19, and 20 of the DV Act. Arrest under NBWA signals the court's concern over the respondent's attendance, but it doesn't automatically dictate bail terms. Shaurabh Kumar Tripathi VS Vidhi Rawal - 2025 0 Supreme(SC) 873
The DV Act focuses on victim relief—protection, residence, monetary compensation—rather than prescribing rigid arrest or bail procedures. Arrests ensure compliance, but bail remains governed by CrPC principles: bail is the rule, jail the exception. Shaurabh Kumar Tripathi VS Vidhi Rawal - 2025 0 Supreme(SC) 873
No, surety is not automatically required. The primary goal of bail or surety is securing the accused's presence at trial. NBWA issuance indicates a potential flight risk, but courts retain discretion on bail conditions, including whether a surety (personal bond with a guarantor) or cash deposit suffices. 00100085331
In one instance, after NBWA arrest, the petitioner was directed to be released on bail without mention of mandatory surety, focusing instead on availability to police or court. SANJEEV SINGH @ SANJIV SINGH vs THE STATE OF ASSAM - 2020 Supreme(Online)(GAU) 480 That the petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required.
Indian courts, including the Supreme Court and High Courts, consistently affirm bail discretion in DV and related matters.
Other rulings reinforce procedural fairness:- NBWA issuance requires due process; it can't bypass bail cancellation without notice. In a case involving Shri Kamal Uddin, the court set aside NBWA for procedural lapses and ordered release. Basit Uddin S/o Shri Foiaz Uddin VS State of Arunachal Pradesh - 2024 Supreme(Gau) 1772 The court ruled that a Non-Bailable Warrant cannot be issued without prior cancellation of bail and due process, emphasizing the necessity of following legal procedures.- In another, post-NBWA custody, bail was granted on a bond of Rs. 30,000/- with one surety, but this was discretionary, not mandatory. ANANTA BORI vs THE STATE OF ASSAM AND ANR - 2024 Supreme(Online)(GAU) 11687 Accordingly, it is provided that the petitioner named above shall be released on furnishing bail bond of Rs. 30,000/- with one surety of like amount to the satisfaction of the learned
High Courts stress Section 41A CrPC notices before arrest where possible, limiting mechanical NBWA use. Ashok Kumar Agarwal VS State of Jharkhand - 2015 Supreme(Jhk) 1156 Court is bound to strike just balance between right of individual under Article 21 of Constitution and process prescribed under Cr.P.C.
While not mandatory, courts may require surety in certain scenarios:- High Flight Risk: History of absconding or non-appearance. HOBIBUR RAHMAN ALIAS HABIBUR RAHMAN vs THE STATE OF ASSAM - 2025 Supreme(Online)(Gau) 10380 On the 4th day, when he could not appear... the learned Trial Court has issued Non-Bailable Warrant of Arrest... and accordingly, on the basis of the NBWA, the accused applicant was arrested.- Evidence Tampering Concerns: Potential to influence witnesses.- Case-Specific Directions: Under Section 441 CrPC, courts can demand surety or bonds. 00100085331
In DV cases with willful default, bond forfeiture may follow, but only after due process. Basit Uddin S/o Shri Foiaz Uddin VS State of Arunachal Pradesh - 2024 Supreme(Gau) 1772 It is only in Cases where there is wilful default on the part of the accused to appear in Court, forfeiture of bond will follow and penalty will incur.
Related precedents highlight arrest limits in matrimonial disputes (e.g., 498A IPC, Dowry Act), urging notices under Section 41A before NBWA. Vimal Kumar VS State Of U. P. - 2021 Supreme(All) 64 The central legal point established in the judgment is the need for strict adherence to arrest provisions under the Code of Criminal Procedure.
Courts assess:1. Respondent's conduct and history.2. Proceedings stage.3. Absconding or tampering risk.4. Victim safety.
Typically, voluntary surrender post-NBWA favors lenient bail terms. Shaurabh Kumar Tripathi VS Vidhi Rawal - 2025 0 Supreme(SC) 873
Parties should anticipate variability—NBWA doesn't equate to surety mandate.
| Aspect | Details ||--------|---------|| Surety Requirement | Not automatic; discretionary. 00100085331 || Governing Laws | DV Act + CrPC Sections 73, 436-439. || Court Discretion | Bail rule; assess risks case-by-case. || Precedents | Release without surety common if cooperative. Suhas Chakma VS Union of India - 2024 0 Supreme(SC) 966 || Exceptions | High risk may trigger surety. |
In conclusion, in DV cases, arrest under NBWA does not mandatorily require surety. Courts prioritize attendance assurance through flexible bail conditions, guided by justice principles. Always seek professional legal counsel, as outcomes depend on facts. Stay informed on your rights under the DV Act and CrPC. Shaurabh Kumar Tripathi VS Vidhi Rawal - 2025 0 Supreme(SC) 873
References:1. Shaurabh Kumar Tripathi VS Vidhi Rawal - 2025 0 Supreme(SC) 873 – DV Act proceedings and bail discretion.2. Suhas Chakma VS Union of India - 2024 0 Supreme(SC) 966 – Post-NBWA bail observations.3. 00100085331 – Surety bonds and court discretion.4. Additional cases: SANJEEV SINGH @ SANJIV SINGH vs THE STATE OF ASSAM - 2020 Supreme(Online)(GAU) 480, Basit Uddin S/o Shri Foiaz Uddin VS State of Arunachal Pradesh - 2024 Supreme(Gau) 1772, HOBIBUR RAHMAN ALIAS HABIBUR RAHMAN vs THE STATE OF ASSAM - 2025 Supreme(Online)(Gau) 10380, etc.
#DVLaw, #NBWABail, #DomesticViolenceAct
However, subsequently the petitioner was arrested on the strength of such NBWA and was produced before the court on 27.06.2024 and since then the petitioner is in custody. Mr. ... In view of the aforesaid, this court is of the opinion that no further custodial interrogation/ detention of the petitioner is required. ... Accordingly, it is directed that the petitioner, above named, in connection with the aforementioned case be released on bail on his furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one solvent ....
On the strength of that NBWA, the petitioner got arrested in connection with this case and he is in custody since 130 days. So considering his period of detention he may be enlarged on bail. Further Mr. ... But, the learned Trial Court below has issued NBWA on the very first day after the case being transferred i.e. on 16.03.2022 the NBWA was issued against the present petitioner and no summons was issued to the present petitioner. ... Baruah, the learned Additional Public Prosecutor appearing on behalf of resp....
NBWA issued returned un- served. Md.Rajib Ali, surety for the OP is present today. Fixed on 27.12.2018 for app. of OP. ... On 1.12.2018 the petitioner remained absent and as such NBWA was issued against the petitioner along with notice to the surety. On 14.12.2018 though the petitioner was absent but as per the bail bond the surety was present. ... Issue NBWA to the OP and notice to the surety. ... J Payeng, learned counsel representing the respondent#HL_EN....
That the petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required. ii. ... It is submitted that while on bail in connection with the aforesaid two cases, as per order dated 18.02.2020, the petitioner has admitted that he was lodged in jail in connection with Sualkuchi P.S. Case No. 36/2020. ... Thereafter, by order dated 06.03.2020 the petitioner was arrested in connection the present case on the strength of production warrant and since then the petitioner is....
That the petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required. ii. ... It is submitted that while on bail in connection with the aforesaid two cases, as per order dated 18.02.2020, the petitioner has admitted that he was lodged in jail in connection with Sualkuchi P.S. Case No. 36/2020. ... Thereafter, by order dated 06.03.2020 the petitioner was arrested in connection the present case on the strength of production warrant and since then the petitioner is....
That the petitioner shall make himself available to the police or any other investigating agency or Court in the present case as and when required. ii. ... It is submitted that while on bail in connection with the aforesaid two cases, as per order dated 18.02.2020, the petitioner has admitted that he was lodged in jail in connection with Sualkuchi P.S. Case No. 36/2020. ... Thereafter, by order dated 06.03.2020 the petitioner was arrested in connection the present case on the strength of production warrant and since then the petitioner is....
th On the 4 day, when he could not appear, though his counsel was present before the learned Trial Court, the learned Trial Court has issued Non- Bailable Warrant of Arrest (for short, ‘NBWA’) and accordingly, on the basis of the NBWA, the accused applicant was arrested ... The trial is yet to be commenced and the accused applicant is already in judicial custody for more than 74 days and the accused applicant is ready to cooperate in the trial, though, he was arrested on the strength of NBWA issued by ....
It is only in Cases where there is wilful default on the part of the accused to appear in Court, forfeiture of bond will follow and penalty will incur.” 21. In State of Kerala v. ... Case No. 41/2022, however since they were arrested at Dimapur and booked under Dimapur P.S. Case No. 10190/2022, the I.O. of the case in Seppa P.S. ... If the accused is arrested and produced in Court, the Magistrate may also commit him to custody, subject to the provision in S. 446A(b) of the Code. ... Thereafter, the accused person, Shri Kamal Uddin along w....
Thereafter, NBWA was issued against the petitioner and on the strength of NBWA, the petitioner was arrested on 20.08.2024 and since then he has been languishing in judicial custody. ... P.P., Assam for the State respondent No.1. ... Accordingly, it is provided that the petitioner named above shall be released on furnishing bail bond of Rs. 30,000/- with one surety of like amount to the satisfaction of the learned
Section 41(A) of the Cr.P.C. empowers a Police Officer in all cases where the arrest of the person is not required under the provision of Sub-section (1) of Section 41, to issue notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or ... With the above observations and directions, all the cases stand disposed of. ... When such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred in the not....
(e) as unless such person is arrested, his presence in the court whenever required cannot be ensured, Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this subsection, record the reasons in writing for not making the arrest". (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or and the police officer shall record while making such arrest, his r....
Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest". (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or (e) as unless such person is arrested, his presence in the court whenever required cannot be ensured, and the police officer shall record while making such arrest, his ....
(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer: or (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section record the reasons in writing for not making the arrest. and the police officer shall record while making such arrest, his re....
and the police officer shall record while making such arrest, his reasons in writing: (e) as unless such person is arrested, his presence in the court whenever required cannot be ensured, (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to the police officer; or Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not ....
(e) as unless such person is arrested, his presence in the court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing: Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest.” (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to the....
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