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BNSS, 2023
Start Practicing
BNSSChapter VISection 73
Section73

Power to direct security to be taken

AI Assist

Summary

When a court issues an arrest warrant it can endorse the warrant to allow release if the person executes a bail bond with sufficient sureties for attendance at a specified time. The officer named in the warrant must take that security, release the person from custody, and send the bond to the court. The endorsement must state number of sureties, the amounts, and the attendance time.

Example

Ravi is arrested and a court issues a warrant with an endorsement that he may be released if he executes a bail bond with two sureties of Rs 10,000 each and attends on 10 June. The officer takes the security, releases Ravi from custody, and forwards the bond to the court.

Bare Act

Enacted text

(1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such person executes a bail bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such security and shall release such person from custody.

(2) The endorsement shall state-

  • (a) the number of sureties;

  • (b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound;

  • (c) the time at which he is to attend before the Court.

(3) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to the Court.

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VI

Chapter VI

Processes to Compel Appearance

In this chapter

  • 63Form of summons
  • 64Summons how served
  • 65Service of summons on corporate bodies, firms, and societies
  • 66Service when persons summoned cannot be found
  • 67Procedure when service cannot be effected as before provided
  • 68Service on Government servant
  • 69Service of Summons outside local limits
  • 70Proof of service in such cases and when serving officer not present
  • 71Service of summons on witness
  • 72Form of warrant of arrest and duration
  • 73Power to direct security to be taken
  • 74Warrants to whom directed
  • 75Warrant may be directed to any person
  • 76Warrant directed to police officer
  • 77Notification of substance of warrant
  • 78Person arrested to be brought before Court without delay
  • 79Where warrant may be executed
  • 80Warrant forwarded for execution outside jurisdiction
  • 81Warrant directed to police officer for execution outside jurisdiction
  • 82Procedure on arrest of person against whom warrant issued
  • 83Procedure by Magistrate before whom such person arrested is brought
  • 84Proclamation for person absconding
  • 85Attachment of property of person absconding
  • 86Identification and attachment of property of proclaimed person
  • 87Claims and objections to attachment
  • 88Release, sale and restoration of attached property
  • 89Appeal from order rejecting application for restoration of attached property
  • 90Issue of warrant in lieu of, or in addition to, summons
  • 91Power to take bond or bail bond for appearance
  • 92Arrest on breach of bond or bail bond for appearance
  • 93Provisions of this Chapter generally applicable to summons and warrants of arrest
Previous · Section 72Form of warrant of arrest and durationNext · Section 74Warrants to whom directed