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CrPC, 1973
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CrPCChapter VISection 71
Section71

Power to direct security to be taken

AI Assist

Summary

When a court issues a warrant it may order on the warrant that the person can be released if they execute a bond with sufficient sureties to attend court at a specified time and until further order. The endorsement must state the number of sureties, the amounts they and the accused are bound for, and the attendance time. The officer who takes the security must forward the bond to the court.

Example

Ravi has a warrant because he missed a court date in a trivial dispute. The court endorses the warrant allowing release if he gives a bond with two sureties of Rs 5,000 each to attend on the specified date. The officer takes the bond, 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 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

  • 61Form of summons
  • 62Summons how served
  • 63Service of summons on corporate bodies and societies
  • 64Service when persons summoned cannot be found
  • 65Procedure when service cannot be effected as before provided
  • 66Service on Government servant
  • 67Service of summons outside local limits
  • 68Proof of service in such cases and when serving officer not present
  • 69Service of summons on witness by post
  • 70Form of warrant of arrest and duration
  • 71Power to direct security to be taken
  • 72Warrants to whom directed
  • 73Warrant may be directed to any person
  • 74Warrant directed to police officer
  • 75Notification of substance of warrant
  • 76Person arrested to be brought before Court without delay
  • 77Where warrant may be executed
  • 78Warrant forwarded for execution outside jurisdiction
  • 79Warrant directed to police officer for execution outside jurisdiction
  • 80Procedure of arrest of person against whom warrant issued
  • 81Procedure by Magistrate before whom such person arrested is brought
  • 82Proclamation for person absconding
  • 83Attachment of property of person absconding
  • 84Claims and objections to attachment
  • 85Release, sale and restoration of attached property
  • 86Appeal from order rejecting application for restoration of attached property
  • 87Issue of warrant in lieu of, or in addition to, summons
  • 88Power to take bond for appearance
  • 89Arrest on breach of bond for appearance
  • 90Provisions of this Chapter generally applicable to summons and warrants of arrest
Previous · Section 70Form of warrant of arrest and durationNext · Section 72Warrants to whom directed