Warrant Issued Under BNS Sections 316 and 318 – What You Should Do?

When a Judicial Magistrate or Judge issues a warrant under Sections 316 and 318 of the Bharatiya Nyaya Sanhita (BNS), 2023, many people panic or misunderstand the situation. This article explains, in simple terms, what these sections mean, what types of warrants can be issued, and what immediate legal remedies are available. The purpose is to guide the general public in understanding their rights and the right legal approach — written by a Criminal and DRT Advocate in Chennai.

Understanding Sections 316 and 318 of the Bharatiya Nyaya Sanhita

From 1 July 2024, the Bharatiya Nyaya Sanhita (BNS), 2023 replaced the Indian Penal Code (IPC).
Under this new law:

Section 316 (BNS) deals with causing the death of a quick unborn child by an act amounting to culpable homicide. It applies when someone’s act injures a pregnant woman and, as a result, causes the death of the child in the womb. This is a serious and non-bailable offence, similar to Section 316 of the old IPC.

Section 318 (BNS) deals with concealment of birth by secret disposal of the dead body of a child. This corresponds to Section 318 of the IPC. It is generally a bailable offence, but depending on the facts and seriousness, the court may treat it as non-bailable.

If a court issues a warrant under these sections, it means the judge believes there are enough grounds to require your arrest or production before the court in a serious criminal proceeding.

What Kind of Warrant Has Been Issued?

Before taking any step, it is important to find out what kind of warrant has been issued against you. There are two types:

Bailable Warrant:
This allows you to obtain bail immediately after appearing before the police or court by furnishing a bond or surety.

Non-Bailable Warrant (NBW):
This is more serious. You cannot get automatic bail. You must surrender before the same court that issued the warrant and request the judge to recall or cancel the warrant. Alternatively, you may apply for anticipatory bail before a higher court to avoid arrest.

Ask your advocate to verify the type of warrant through the court records or certified copies before proceeding.

Immediate Steps to Take if a Warrant Is Issued

If you learn that a warrant has been issued under Sections 316 or 318 of the BNS, act quickly. The first step is to contact a criminal lawyer who handles BNS and procedural law cases. A professional advocate can assess the case, check the warrant’s details, and file the appropriate petition on your behalf.

In Tamil Nadu, such cases are handled by the Judicial Magistrate Courts under the jurisdiction of the Madras High Court. In Karnataka, they come under the Bengaluru High Court and subordinate courts.

If the Warrant Is Bailable

If the warrant is bailable, the process is relatively simple. You can appear before the same court along with your lawyer, express your willingness to cooperate, and request the court to recall the warrant and grant bail. The court will generally consider this favourably if your absence was not willful. You must carry valid ID proof and bring a surety (a friend or relative) who can stand guarantee on your behalf.

If the Warrant Is Non-Bailable (NBW)

If the warrant is non-bailable, you have two clear options depending on the urgency and risk of arrest.

Option 1: File a Petition to Recall the Non-Bailable Warrant

Your advocate can file a petition under Section 70(2) of the Cr.P.C., which now corresponds to Section 73 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), before the same Magistrate or Judge who issued the warrant. Through this petition, you request the court to recall or cancel the warrant and permit you to appear voluntarily.

The court generally considers such a request if you were unaware of the court date, did not receive a summons, or missed the hearing due to a genuine reason such as illness or misunderstanding. Appearing personally in court and showing genuine intent to cooperate will strengthen your case for recall.

Option 2: Apply for Anticipatory Bail

If there is a real fear of arrest, you can file an Anticipatory Bail Petition before the Sessions Court or the High Court under Section 482 of the BNSS, which replaces the earlier Section 438 Cr.P.C. Once you are granted anticipatory bail, you can safely appear before the trial court and take part in the proceedings without being arrested.

After You Surrender or Obtain Bail

Once your warrant is recalled or bail is granted, it is crucial to comply with every condition imposed by the court. Attend all hearings regularly, avoid missing court dates, and cooperate fully with the judicial process. Any repeated absence may lead to the issue of a fresh warrant, which could complicate your case.

If the investigation is still ongoing, provide the required documents or information when requested. Later, depending on the merits of your case, your lawyer may advise filing for discharge or even quashing of proceedings before the High Court if there is no sufficient evidence against you.

If the Case Is False or Misunderstood

If you believe you are wrongly implicated in the case, start collecting all possible documents and evidence that support your innocence — such as medical records, communication messages, or witness statements. Discuss with your advocate the possibility of filing a petition to quash the FIR or the proceedings before the High Court under Article 226 of the Constitution or Section 532 of the BNSS (previously Section 482 Cr.P.C.).

Key Legal Advice from DRT & Criminal Advocates in Chennai

• Never ignore a warrant — it authorizes police to arrest you at any time.
• Voluntarily appearing before the court through your advocate shows respect for the law and helps you gain the court’s confidence.
• Always cooperate and follow your advocate’s guidance for bail, recall, or anticipatory bail.
• Maintain all documents, notices, and evidence safely until the case concludes.

Conclusion

Receiving a warrant under Sections 316 and 318 of the Bharatiya Nyaya Sanhita does not mean the end of the road. The law gives every citizen fair opportunity to defend themselves and explain their absence or situation. The most important step is to act quickly, with the help of an experienced criminal advocate, to either recall or cancel the warrant and secure bail. Once you are legally protected, you can focus on defending your case on merits and ensuring a fair trial.