Chapter VI
Section 89 CrPC: Arrest on breach of 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 who is bound by any bond taken under this Code to appear before a Court, does not appear, the officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him.
Important Sub-Sections Explained
Landmark Judgements
Surendra Singh v. State of U.P. (1974):
This case clarified that the power to issue a warrant under Section 89 CrPC is discretionary and not mandatory. The court retains the discretion to decide whether to issue a warrant based on the specific facts and circumstances, rather than being compelled to do so upon every instance of breach of a bond.
Bimal Kumar v. State of U.P. (2009):
This judgment reaffirmed the discretionary nature of the power under Section 89 and emphasized that the bond in question must have been taken ‘under this Code’ (CrPC). It underscored that the provision applies to individuals who fail to appear despite being legally bound by a bond executed in accordance with the provisions of the Criminal Procedure Code.