(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.
Bharatiya Nagarik Suraksha Sanhita
Section 73
Power to direct security to be taken
⚡ Quick Answer Reference: Section 73 BNSS
- Provision: Section 73 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL APPEARANCE
- Jurisdiction: India
- Summary: A court can order security to be taken when issuing an arrest warrant, allowing the person to be released if they provide sufficient sureties and agree to attend court at a specified time.
What does Section 73 of BNSS say?
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What does Section 73 of BNSS mean?
Plain English Explanation
A court can order security to be taken when issuing an arrest warrant, allowing the person to be released if they provide sufficient sureties and agree to attend court at a specified time.
Practical Interpretation
In practice, this section allows courts to balance the need to ensure a person's attendance in court with the need to minimize unnecessary detention, by providing an alternative to immediate arrest.
Core Legal Purpose
The core purpose of this section is to provide courts with the discretion to direct security to be taken, ensuring that individuals are not unnecessarily detained while also guaranteeing their attendance in court.
- •The court must issue a warrant for the arrest of a person.
- •The court must direct by endorsement on the warrant that security can be taken.
- •The endorsement must state the number of sureties, the amount they are bound, and the time of attendance.
- •The officer to whom the warrant is directed must forward the bond to the court.
Practical Example of Section 73 BNSS
Rajesh is issued an arrest warrant for a minor offense. The court endorses the warrant, directing that Rajesh can be released if he provides two sureties and agrees to attend court in two weeks. Rajesh provides the sureties and is released from custody, pending his court appearance.
Frequently Asked Questions about Section 73 BNSS
Q: What is the punishment or consequence under Section 73 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to any person for whom a court issues an arrest warrant.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision related to the issuance of arrest warrants and does not classify an offence as bailable or cognizable.
Common Questions about Section 73 BNSS
What is Section 73 of BNSS?
Section 73 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to direct security to be taken". In plain terms: A court can order security to be taken when issuing an arrest warrant, allowing the person to be released if they provide sufficient sureties and agree to attend court at a specified time.
What is the punishment under Section 73 of BNSS?
Section 73 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 73 of BNSS bailable or non-bailable?
Whether Section 73 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 73 of BNSS?
The essential elements of Section 73 of BNSS are: The court must issue a warrant for the arrest of a person.; The court must direct by endorsement on the warrant that security can be taken.; The endorsement must state the number of sureties, the amount they are bound, and the time of attendance..
Landmark Judgments under Section 73 BNSS
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