Chapter VI
Section 71 CrPC: Power to direct security to be taken
New Law Update (2024)
Section 72 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Bailable
Compoundable?
Bare Act 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.
Important Sub-Sections Explained
Section 71(1)
This sub-section empowers any court issuing an arrest warrant to direct that the person can be released from custody if they provide a bond with sufficient sureties, guaranteeing their appearance in court at a specified time. It essentially allows for conditional pre-arrest release directly via the warrant itself.
Section 71(2)
This sub-section mandates that the court’s endorsement on the warrant must clearly specify the exact number of sureties required, the monetary amount for which both the sureties and the arrested person will be bound, and the precise time for the person’s court attendance. These details are crucial for the proper execution of the warrant and the subsequent release.