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Section 70 CrPC: Handling Accused Absence and Warrants

In criminal proceedings, the absence of an accused can trigger significant procedural consequences under the Code of Criminal Procedure, 1973 (CrPC). Section 70 CrPC specifically governs the form and execution of warrants of arrest, emphasizing that every warrant remains in force until cancelled by the issuing court or executed. This provision becomes crucial when an accused fails to appear, leading to issuance of non-bailable warrants (NBWs), bail bond forfeiture, or other coercive measures. But what happens next? Can warrants be recalled? Does the court need to issue notice before cancellation?

This blog post breaks down Sec 70 CrPC absence accused scenarios, drawing from judicial precedents. Note: This is general information based on case law and statutes. Legal outcomes vary by facts; consult a lawyer for advice.

Understanding Section 70 CrPC: Core Provisions

Section 70 CrPC outlines:
- Sub-section (1): Warrants must be in writing, signed by the presiding officer, and sealed.
- Sub-section (2): Every warrant of arrest issued under this Code shall remain in force until it is cancelled by the Court which issued it, or until it is executed. A. R. Antulay VS R. S. Nayak - 1988 Supreme(SC) 337

This ensures warrants don't lapse automatically. In cases of accused absence, courts often issue NBWs after summons or bailable warrants fail. However, courts have discretion to convert NBWs to bailable warrants or recall them under inherent powers, provided reasons exist.

Key Implications for Accused Non-Appearance

• Proceeds step-by-step: Courts typically start with summons (Sec 61-69 CrPC), then bailable warrants, and escalate to NBWs only if necessary. Vijesh Kumar @ Vijay Purohit VS State, Through PP - 2021 Supreme(Raj) 1650


• No automatic lapse: Warrants persist until cancelled, preventing absconding accused from evading trial. M. S. Venkataraman alias Venkatesh VS The State, rep. by the Sub-Inspector of Police, W2, All Women’s Police Station, Adayar, Chennai - 2004 Supreme(Mad) 1542

Consequences of Accused Absence: Bail Forfeiture and Warrants

When an accused on bail absents himself:
1. Bail bonds may be forfeited under Sec 446 CrPC if the accused breaches conditions (e.g., non-appearance). Courts must issue notice and prove willful breach to the satisfaction before forfeiture. Mere absence isn't enough without animus (intent to evade). Prapbakaran VS State rep. by Inspector of Police, Kavindapadi Police Station - 2010 Supreme(Mad) 287
2. NBW issuance: Common response, but courts prefer proportionality. In POCSO cases or serious offenses, NBWs may follow directly, but bailable warrants are ideal first. Vijesh Kumar @ Vijay Purohit VS State, Through PP - 2021 Supreme(Raj) 1650

Judicial Safeguards:
- Notice mandatory: Before cancelling bail or forfeiting bonds, courts must hear the accused (principles of natural justice). Failure invalidates orders. Prapbakaran VS State rep. by Inspector of Police, Kavindapadi Police Station - 2010 Supreme(Mad) 287
- Conversion to bailable warrants: Magistrates can convert NBWs under Sec 71 CrPC, applicable to both accused and witnesses. Suresh VS State of Rajasthan - 1999 Supreme(Raj) 809

Before recording such satisfaction that breach has been committed, the learned Magistrate is required to issue notice and after affording an opportunity... Prapbakaran VS State rep. by Inspector of Police, Kavindapadi Police Station - 2010 Supreme(Mad) 287

Court Powers to Cancel or Recall Warrants

Sec 70(2) CrPC vests exclusive power in the issuing court to cancel warrants. Higher courts (Sessions/High Court) can't directly cancel but can direct via Sec 482 CrPC or revision.

Landmark Rulings on Warrant Recall

• Magistrate's Discretion: In Ghanshyam vs. State of Rajasthan, courts can reconsider NBWs under Sec 70(2) if valid reasons (e.g., family emergency) exist. Suresh VS State of Rajasthan - 1999 Supreme(Raj) 809


• Valid Excuses: Brother's marriage justified exemption; NBW converted to bailable. Manohar Lal VS State of Rajasthan - 2014 Supreme(Raj) 1448


• No Surrender Needed for Suspension: In NI Act Sec 138 appeals, courts suspend sentences without insisting on surrender if revision filed timely. M. Senthilkumar VS P. Ramalingam - 2016 Supreme(Mad) 1021

Procedures for Recall:
- File application under Sec 70(2) before issuing court.
- Provide affidavit explaining absence (e.g., illness, travel).
- Court assesses bona fides; no routine recalls for absconders.

A Judicial Magistrate can convert a warrant of arrest into a bailable warrant under Section 71 CrPC... Suresh VS State of Rajasthan - 1999 Supreme(Raj) 809

In Antulay case, Supreme Court clarified jurisdictional limits but affirmed inherent powers to rectify errors. A. R. Antulay VS R. S. Nayak - 1988 Supreme(SC) 337

Bail and Anticipatory Relief in Absence Cases

• Anticipatory Bail (Sec 438 CrPC): Maintainable post-NBW if no prior directions. But Sec 438(3) limits if NBW issued. Suresh VS State of Rajasthan - 1999 Supreme(Raj) 809


• Regular Bail Post-Forfeiture: Accused must execute fresh bonds; no automatic right. Bhagirath VS State of Rajasthan - 1988 Supreme(Raj) 365

Police Role: IGPs can't stay probes or warrants; violates Sec 70. Courts expressed displeasure. Court on its own motion VS State of Jharkhand - 2006 Supreme(Jhk) 1235

Checklist for Accused/Advocates

• Immediate Action: File exemption application citing reasons (e.g., medical certificate).


• Recall NBW: Approach issuing court with proof.


• Avoid Willful Absence: Courts infer guilt from prolonged evasion (Evidence Act Sec 8).


• Higher Remedies: Sec 482 CrPC petition if lower court refuses. Francis Xavier VS Neelamegam, Inspector of Police, Pondy Bazaar Police Station, Madras - 1995 Supreme(Mad) 36

Systemic Issues: Witness and Police Delays

Absence isn't just accused's issue. Police failures in serving summons delay trials, violating Art 21 (right to speedy trial). Courts urge rules for accountability. Bhanwar Singh @ Karamvir VS State of Uttar Pradesh - 2023 Supreme(All) 1081

In Indira Gandhi murder trial, venue shifts didn't vitiate openness despite restrictions. Kehar Singhs VS State (Delhi Administration) - 1988 Supreme(SC) 475

Key Takeaways

• Sec 70 CrPC ensures warrants endure until cancelled/executed; vital for accused absence control.


• Notice essential before bail cancellation/forfeiture to uphold fairness.


• Courts favor bailable warrants over NBWs; recall possible with valid reasons.


• Prevention better: Comply with appearances; seek exemptions proactively.


• No one above law: Even public servants face consequences, but procedure matters. State Of Haryana VS Bhajan Lal - 1990 Supreme(SC) 740

Disclaimer: This post synthesizes case law for education. Specific cases require professional advice. Laws evolve; verify latest amendments.

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