When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, such officer may require such person to execute a bond or bail bond for his appearance in such Court, or any other Court to which the case may be transferred for trial.
Bharatiya Nagarik Suraksha Sanhita
Section 91
Power to take bond or bail bond for appearance
Englishहिंदी
⚡ Quick Answer Reference: Section 91 BNSS
- Provision: Section 91 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL APPEARANCE
- Jurisdiction: India
- Summary: When someone is in court and the officer is empowered to issue a summons or warrant for their arrest, the officer can ask them to sign a bond or bail bond to ensure they appear in court or any other court the case is transferred to.
Statutory Content
What does Section 91 of BNSS say?
Indian StandardSection 91, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 91 (India)
Court Pleading StandardSection 91 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/91
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose
What does Section 91 of BNSS mean?
Plain English Explanation
When someone is in court and the officer is empowered to issue a summons or warrant for their arrest, the officer can ask them to sign a bond or bail bond to ensure they appear in court or any other court the case is transferred to.
Practical Interpretation
This section allows the officer to take a bond or bail bond from the person to guarantee their appearance in court, which is a common practice in Indian courts.
Core Legal Purpose
The core purpose of this section is to ensure that individuals who are required to appear in court do so, by providing a mechanism for the officer to secure their appearance through a bond or bail bond.
Key Legal Elements
- •The person must be present in court for the officer to require a bond or bail bond.
- •The officer must be empowered to issue a summons or warrant for the person's arrest.
- •The bond or bail bond must be for the person's appearance in the court or any other court to which the case may be transferred.
- •There are no specific exceptions or limitations mentioned in this section.
Practical Example
Practical Example of Section 91 BNSS
Rajesh, a defendant in a civil case, is present in court. The officer presiding over the case is empowered to issue a summons or warrant for Rajesh's arrest. The officer requires Rajesh to execute a bond or bail bond to ensure his appearance in court. Rajesh signs the bond, and the officer accepts it. This ensures that Rajesh will appear in court for the trial.
Common Questions (FAQ)
Frequently Asked Questions about Section 91 BNSS
Q: What is the punishment or consequence under Section 91 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 both private individuals and public entities, as it is a general provision that applies to anyone who is required to appear in court.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal offenses, so it is neither bailable nor cognizable.
People Also Ask (PAA)
Common Questions about Section 91 BNSS
What is Section 91 of BNSS?
Section 91 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to take bond or bail bond for appearance". In plain terms: When someone is in court and the officer is empowered to issue a summons or warrant for their arrest, the officer can ask them to sign a bond or bail bond to ensure they appear in court or any other court the case is transferred to.
What is the punishment under Section 91 of BNSS?
Section 91 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 91 of BNSS bailable or non-bailable?
Whether Section 91 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 91 of BNSS?
The essential elements of Section 91 of BNSS are: The person must be present in court for the officer to require a bond or bail bond.; The officer must be empowered to issue a summons or warrant for the person's arrest.; The bond or bail bond must be for the person's appearance in the court or any other court to which the case may be transferred..
Landmark Case Laws
Landmark Judgments under Section 91 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
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