Chapter VI
Section 88 CrPC: Power to take bond for appearance
New Law Update (2024)
Section 97 BNSS
TRIAL COURT
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Bailable?
Compoundable?
Bare Act Text
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, with or without sureties, for his appearance in such Court, or any other Court to which the case may be transferred for trial.
Important Sub-Sections Explained
Landmark Judgements
Manoj Kumar v. State of Uttarakhand (2019):
The Supreme Court clarified that the power under Section 88 CrPC is discretionary and should be exercised judiciously, considering the specific facts and circumstances of each case. It emphasized that this provision allows a court to secure the attendance of any person present before it, for whom a summons or warrant could have been issued, irrespective of whether they are an accused or a witness, by requiring them to execute a bond for future appearance.
Vimal Kumar and Ors. v. State of U.P. and Anr. (2016):
The Allahabad High Court affirmed that Section 88 provides the court with an independent procedural power to secure the attendance of any individual, even if not an accused, for whom it is empowered to issue a summons or warrant, by directing them to execute a bond. This power is distinct from general bail provisions and serves to ensure consistent presence in ongoing proceedings.